[Cites 6, Cited by 0]
Punjab-Haryana High Court
Sunil Singh Alias Bittu vs State Of Punjab on 28 April, 2026
114(3 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-53015-2026
Sunil Singh @ Bittu
......Petitioner
Versus
State of Punjab
......Respondent
CRM-M-56751-2025
Gurdeep Singh @ Deep
......Petitioner
Versus
State of Punjab
......Respondent
CRM-M-65840-2025
Hargun Singh @ Harry
......Petitioner
Versus
State of Punjab
......Respondent
Decided on: 28.04.2026
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Ms. Neha Rajoria, Advocate for
Mr. Iqbal Singh Mann, Advocate,
for the petitioner (in CRM-M-53015-2025),
Mr. K.B.S. Mann, Advocate,
for the petitioner (in CRM-M-56751-2025), and
Mr. L.S. Sidhu, Advocate,
for the petitioner (in CRM-M-65840-2025).
Mr. Neeraj Madaan, Sr. DAG, Punjab.
****
REENA
SANJAY VASHISTH, J. (ORAL)
1. By way of this common order, all the above-mentioned petitions are
being decided together as they arise out of the same FIR and common allegations.
2. All the above mentioned accused namely-(i) Sunil Singh @ Bittu (ii)
Gurdeep Singh @ Deep and (iii) Hargun Singh @ Harry have filed bail petitions
under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of
regular bail to the petitioners, during the pendency of trial, who have been booked
in a criminal case arising out of First Information Report, as detailed hereunder:-
FIR No. Date Section(s) Police Station District
25 14.03.2025 109, 132, 221, 190, 191(3), Cantt. Bathinda
324(4) of BNS and Section 25 Bathinda
of Arms Act, 1959
3. On 17.02.2026, the following factual position was recorded by this
Court:
"1. Learned State counsel has filed status report dated 15.02.2026 along with
the pen drive, in the Court today and the same is taken on record.
2. Registry is directed to keep the pen drive enclosed with the status report, in a
secured place, so that the same would not get misplaced.
3. With the assistance of learned State counsel and the concerned Inspector,
namely Daljeet Singh, facts in the present case are noticed as under:-
(i) Initially, FIR No.24 dated 11.03.2025 was
registered at Police Station Cantt., Bathinda under Sections 309(4) and
3(5) of the BNS and Sections 25, 54 and 59 of the Arms Act, on the
statement of complainant, Love Garg, against three unidentified persons.
It was alleged that on 11.03.2025 at about 5:50 P.M., three unidentified
persons, with their faces covered and two of them draped in shawls,
entered "Hotel Green." One of them was carrying a rifle. After
threatening the staff, they took away three mobile phones and cash
amounting to approximately Rs.7,000-8,000/-. As per the FIR, the entire
incident was captured on CCTV cameras.
(ii) During search of the nearby area, on 14.03.2025, police team
apprehended six accused persons, namely Sunil Singh alias Bittu
(petitioner in CRM-M-53015-2025), Gurdeep Singh alias Deep (petitioner
in CRM-M-56751-2025), Hargun Singh alias Harry (petitioner in CRM-
M-65840-2025), Satwant Singh, Arshdeep Singh alias Gyani and
Arshdeep Singh alias Arshi. They were found present in a car bearing
registration No.PB-03-X-8317 (make Chevrolet Optra), owned by
Arshdeep Singh alias Gyani.
(iii) Accused Satwant Singh was seated on the front passenger seat of the
car and was holding an AK-47 rifle. Upon noticing the police party, he
allegedly fired shots at them. In retaliation, police party also opened fire.
One bullet struck Satwant Singh on his left leg below the knee, and
another shot, fired by ASI Jaswinder Singh from his service pistol, hit the
body of the car. All the accused persons were apprehended at the spot.
Satwant Singh, having sustained a bullet injury, was hospitalized by the
police officials themselves.
(iv) After arrest of the accused on 14.03.2025, accused Sunil Singh alias
Bittu made a disclosure statement stating that he had joined the Army on
28.06.2016 and was posted with the 7th Sikh Infantry (SIKHLI) Unit,
Rampur (Jammu & Kashmir). He further disclosed that the AK-47 rifle
used in the occurrence had been stolen by him and belonged to Sepoy
Bikram Gurung, and the said rifle was used in the commission of the
offence in FIR No. 24/2025, Police Station Cantt., Bathinda.
(v) During the course of investigation, on 16.03.2025, statements of all six
accused persons were recorded, and they were formally arrayed as
accused in FIR No.24/2025. Sections 190, 61(2) and 238 of the BNS were
added, and Section 3(5) of the BNS was deleted vide DDR No.23 dated
16.03.2025.
4. Next date fixed before the trial Court for recording the statements of the
prosecution witnesses is 12.03.2026.
5. List again on 28.04.2026.
6. A photocopy of this order be placed on the files of other connected
cases."
4. Learned State counsel submits that due to the submission of
supplementary challan now, the process of recording of statements could not be
initiated and next date fixed is 14.05.2026.
5. Heard learned counsel for the parties and also have appraisal of the
contentions recorded previously.
6. The petitioners are inside jail for the last more than a period of 01 year
and 01 months. Though the accused are facing charge under Section 109 of BNS,
however, fire arm injury has been suffered by accused-Satwant Singh, due to the
shots fired by members of police team in retaliation to the fire shot of accused
Satwant Singh. In case FIR No. 24 dated 11.03.2025 (supra) all three accused
therein and also the petitioners herein have been granted bail by the Court of
learned Magistrate (as informed by petitioners' counsel). Despite granting
opportunity, the process of recording of statements of witnesses has not even been
initiated. Charges are yet to be established by prosecution beyond doubt, I do not
find any substantial reason to continue the petitioners' detention inside jail for any
longer. Moreover, most of the witnesses in the present case are officials.
Therefore, considering all the aforementioned aspects, this Court finds merit in the
prayer of the petitioner(s).
7. Consequently, the present petitions are allowed. Petitioners namely,
(i) Sunil Singh @ Bittu (ii) Gurdeep Singh @ Deep and (iii) Hargun Singh @
Harry are ordered to be released on bail, subject to their 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.
8. Needless to observe that the petitioner(s) shall not extend any threat
and shall not influence any prosecution witness in any manner directly or
indirectly.
9. All the petitions stand disposed of.
10. A photocopy of this order be placed on the files of other connected
cases.
28.04.2026 (SANJAY VASHISTH)
reena JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
