LexBALJINDER SINGH ALIAS AMAN versus STATE OF PUNJAB & ANR.
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[2025] 5 S.C.R. 735 : 2025 INSC 796 Baljinder Singh Alias Aman v. State of Punjab & Anr. (Criminal Appeal No. 2629 of 2025) 16 May 2025 [B.V. Nagarathna and Satish Chandra Sharma, JJ.] Issue for Consideration Whether the High Court erred in granting bail to the respondents- accused(s) setting aside the order of the Trial Court by which it declined to grant bail. Headnotes† Code of Criminal Procedure, 1973 – s.439 – Penal Code, 1860 – ss.302, 323, 34, 427, 120B – High Court set aside the order of the Trial Court declining to grant bail to the respondents- accused(s) – Interference with: Held: Respondents are alleged to have committed the offence u/s.302, IPC – It may be a fact that the respondent-accused(s) may have carried the injured victim, who later died, to the Hospital but he was actually brought dead to the hospital – This fact will have to be considered de hors from the fact as to who actually had committed the offence in the first place in the instant case – Trial court rightly noted the said aspect and declined to grant bail – However, the High Court set aside the said order and granted bail on a very cryptic reasoning – Order of the High Court set aside and that of the Sessions Court is restored. [Paras 19, 20] List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860. List of Keywords Bail; Regular bail; Regular bail declined; Regular bail rightly declined; Injured victim; Brought dead; Cryptic reasoning; Wooden stick blow on the head; Filthy language; Trespass; Dismantling the barbed wire fencing on the property; Wooden sticks; Habitual offender. 736 [2025] 5 S.C.R. Supreme Court Reports Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2629 of 2025 From the Judgment and Order dated 14.11.2024 of the High Court of Punjab & Haryana at Chandigarh in CRMM No. 36312 of 2024 With Criminal Appeal No. 2630 of 2025 Appearances for Parties Advs. for the Appellant: Dev Datt Kamat, Sr. Adv., Revanta Solanki, Hruday Bajentri, Lalit Singla, VPS Mithewal, Shivam Garg, Ms. Varsha Sharma, Lalit Singla, Raj Kishor Choudhary, Shakeel Ahmed, Ms. Lara Siddiqui, Ms. Pratibha Singh, Dhruv Kaushik, Sarfaraj Ahmed Siddiqui, Vikram Patralekh. Advs. for the Respondents: Randeep Singh Rai, Sr. Adv., Siddhant Sharma, Ms. Osheen Bhat, Aman Dwivedi, Karan Sharma, Pushpinder Singh, Ms. Anurag Rana, Dharmendar Singh, Harsh Wadhwani, D. Bharat Kumar, Manoj Kumar, Aman Shukla, M. Chandrakanth Reddy, Ms. Mehak Sharma, Gopal Jha, Yash Gupta. Judgment / Order of the Supreme Court Judgment Leave granted. 2. These appeals have been preferred by the complainant by being aggrieved by the order dated 14.11.2024 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M-35115/2024 (O&M) and CRM-M-36312/2024 (O&M). 3. By the impugned order, the High Court has set aside the order of the Trial Court declining to grant regular bail to the respondents herein and consequently, has allowed the petitions for bail. At this stage itself, it may be mentioned that the regular bail was sought by the respondents herein with regard to the FIR No.30 dated 22.03.2023 which was registered under Sections 302, 323, 148, 149 (Sections 148 [2025] 5 S.C.R. 737 Baljinder Singh Alias Aman v. State of Punjab & Anr. and 149 deleted and Sections 34, 427, 120B added later on) of the Indian Penal Code, 1860 (for short “IPC”) at Police Station Nangal, District Rupnagar. 4. The said FIR was registered based on the statement given by the complainant (hereinafter “appellant”) against accused No. 1 – Mandeep Singh alias Bhoda and accused No.2- Narinder Kumar alias Nindi (hereinafter “respondents”). 5. According to the statement of the appellant, he runs his own crusher under the name ‘Sat Sahib’ located in the village Haripur. He purchased land measuring approx. 65 acres at the village in Taraf Majri, Tehsil Nangal. He has further stated that abutting to the said land, there is the land of accused No. 1. The appellant alleged that he received a telephonic call at about 11.30 p.m. to the effect that the respondents, accompanied by 7-8 other persons, were using filthy language against the appellant and trespassed onto his land by dismantling the barbed wire fencing on his property. It was further alleged that after receiving the said call, the appellant along with his driver Anil (hereinafter “deceased”), Deepak Kumar and Chowkidar Bahadur Singh had gone to the appellant’s land at Tara
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