Gurmeet Singh Alias Sabi vs State Of Punjab

Sanjay Vashisth, J

Present petition has been filed under Section 483 of BNSS (corresponding to Section 439 Cr.P.C.) seeking regular bail in FIR No. 04 dated 04.01.2024, under Sections 379-B, 307, 34, 120-B, 115, 326 of IPC (Section 201 IPC was added later on) and Sections 25, 27, 29, 54, 59 of Arms Act, registered at Police Station Nakodar Sadar, District Jalandhar Rural.

FIR in the present case has been registered on the basis of the statement made by Kuldeep Singh and the same has been reproduced herebelow:

" Statement of Kuldeep Singh son of Santokh Singh resident of village Saham, police station Sadar Nabandar, district Jalandhar, age about 41 years Mobile 98581-98582. Stated that I am resident of above mentioned address. I am doing the work of agriculture and poultry farming. On 01.01.2024, at around 5 PM, I was returning from my poultry farm on my motorcycle mark Platina to my house and when I reached the motor of Balvir Singh of our village, then from the front side, two persons with muffled faces came there on a motorcycle make Splendor without number, who by bringing their motorcycle in front of my motorcycle stopped me. Both these persons alighted from their motorcycles, one of them was holding a pistol in his hand and the other had a datar in his hand and on coming towards me, the person who was holding datar asked me to hand over all the valuables I was having and to hand over to them. The person who was carrying pistol pulled out Rs.2000/- from my pocket and the person who was holding datar said that now shoot him. I after throwing my motorcycle ran away towards the potato fields on my right hand side. Then the person who was carrying pistol fired upon me with an intention to kill me. The bullet passed near my right ear. The potato fields were wet so I fell down and in the meantime both the aforesaid persons also came there and then 1 after standing tried to run away. Then the person holding pistol caught hold me and threw me down. Then the second person with an intention to kill me gave continuous datar blows to me. The datar blows hit me on the back side of my head, below my left eye, on the wrist of my right hand, on the palm of my right hand, and they also inflicted internal injuries to me. While grappling with the person who was carrying pistol in his hand, cloth on his face got removed. I can recognize him in case he came in front of me. When that person was giving datar blows to me and I was grappling with the person who was holding pistol, the datar blow also got hit him by his associate and he also got injured. I raised roula Mar Dita Mar Dita. On hearing the roula and bullet fire noise, Iqbal Singh son of Pritam Singh, resident of Saham, and my sister Satwinder Kaur, wife of Harpreet Singh, resident of Chitti police station, Lambran and other people of the village came to the spot. On seeing the people of the village gathering, both the assailants tried to ran away from the spot. I caught hold the person who was having pistol in his hand and the other person successful to ran away on his motorcycle. The people caught the person who was caught by me. On account of many injuries suffered by me, my sister Satwinder Kaur wife of Harpreet Singh, resident of Chitti, after arranging for the vehicle got me admitted to Arman Hospital, Jalandhar for treatment.

Where I am under treatment. I have came to know that the person to whom I have caught his name is Surinderpal Singh son of Rabel Singh, resident of Kalanaur, district Gurdaspur who in association with his associate has inflicted injuries to me with an intention loot me. Appropriate action should be taken against them. I have got recorded my statement in the presence of my sister Satwinder Kaur. On account of plaster on my right hand, I could not sign. I am putting my left hand thumb impression below the statement. I have got recorded my statement and have heard it, which is correct. LTI Kuldeep Sink) (Thumb impression) attested by Sd/-Satwinder Kaur verified by Major Singh ASI Police Station Sadar Nakodar District Jalandhar dated 04.01.024"

Learned counsel for the petitioner submits that role attributed to the petitioner is that, he is the cousin of one Parwinder Singh, who is residing in Australia, and that said Parwinder Singh was having some dispute with the complainant, Kuldip Singh, who is also residing in Australia.

It is further submitted that, at the instance of Parwinder Singh, petitioner, while in India, arranged the assailants for the alleged murder of Kuldip Singh after the time when he had returned to India.

It is also submitted that, after the arrest of two of the accused, namely Surinder Pal Singh and Jatinder Kumar, who had allegedly assaulted the complainant-Kuldip Singh, disclosure statement was recorded in which, name of the petitioner was allegedly involved as one of the conspirators, and it was alleged that it was he who had hired the services of the said two assailants. Thus, broadly speaking, the allegation is that he had arranged the assailants to kill Kuldip Singh, though he himself had no direct motive against the complainant.

Learned counsel for the petitioner further submits that co-accused, namely Surinder Pal Singh alias Savinder Pal Singh and Jatinder Kumar, have already been granted the concession of regular bail by Coordinate Bench of this Court vide orders dated 19.05.2025 (P-2) and 13.08.2025 (P-3), passed in CRM-M-1291-2025 and CRM-M-43198- 2025, respectively.

It is further submitted that petitioner is in custody for a period of last nine months and twenty-three days, and his further detention would not serve any useful purpose. Thus, he prays for the grant of regular bail.

On the other hand, learned State counsel submits that the petitioner is the main accused who had allegedly hired the services of the assailants, namely Surinder Pal Singh and Jatinder Kumar, for committing the crime. It is further submitted that petitioner is actively involved in the conspiracy and played a crucial role in the commission of the offence. Therefore, he does not deserve the concession of regular bail and the present petition is liable to be dismissed.

I have heard learned counsel for the parties and perused paper-book along with the appended documents as well as the bail orders passed in respect of co-accused, namely, Surinder Pal Singh and Jatinder Kumar, who, as per the case of the prosecution, had actually opened the attack upon the complainant.

It is also noticed that involvement of the petitioner is primarily based upon a disclosure statement of co-accused Jatinder Kumar, who has already been granted the concession of bail. Petitioner has been implicated with the allegation of being one of the conspirators for the alleged murder of Kuldip Singh. However, considering the nature of allegations, role attributed to the petitioner; fact that similarly situated co-accused have already been enlarged on bail; and period of custody undergone by the petitioner, and that no useful purpose would be served by further detention of the petitioner, without expressing any opinion on the merits of the case, the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case, subject to the following conditions:

"(i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority.

(ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case.

(iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned.

(iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect.

(v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court.

(vi) In case, the petitioner gets involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously and the prosecution shall be at liberty to move an appropriate application for cancellation of bail granted to the present petitioner.

(vii) The concerned Court may insist two heavy local surties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.

(viii) The petitioner shall report every 1s Monday in English calendar month before the concerned SHO till the conclusion of the trial and SHO shall mark his presence by making an entry in the Rojnamcha. In case, he does not report on every 1s Monday before the concerned SHO, it shall be viewed seriously and the concession granted to him shall be liable to be cancelled and the State of Punjab shall be at liberty to move an appropriate application in this regard."

Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible in accordance with law.

Petition stands disposed of.