Punjab-Haryana High Court
Kulwinder Singh Alias Madhar vs State Of Punjab on 27 October, 2025
CRM-M-30808-2025 -1-
221 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-30808-2025
Date of decision: 27.10.2025
KULWINDER SINGH ALIAS MADHAR
...Petitioner
VERSUS
STATE OF PUNJAB
...Respondent
CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR
Present: Mr. Digvijay Nagpal, Advocate
for the petitioner.
Mr. Gorav Kathuria, DAG Punjab.
*****
YASHVIR SINGH RATHOR, J. (Oral)
1. This is the second petition under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.193, dated 22.07.2021, registered at Police Station Maqboolpura, Amritsar Rural, District Amritsar, under Sections 379-B (2), 336, 411, 473 of IPC and Section 27 of Arms Act.
2. Status report by way of an affidavit of Gagandeep Singh, PPS, Assistant Commissioner of Police, East Amritsar (additional charge), filed on behalf of the State is taken on record.
3. Learned counsel for the petitioner as well as learned State counsel have been heard and material collected by the police during investigation has been perused.
4. The present case was registered on the basis of complaint given to the police by Ravinder Singh with the allegations that on 1 of 4 ::: Downloaded on - 12-11-2025 10:31:37 ::: CRM-M-30808-2025 -2- 17.07.2021, he was present at Jiwan Jagrit Property Addiction Centre, when he received a Facebook message from his friend Gursimranjit Singh @ Simu and he took his mobile number from the Facebook message. On 18.07.2021, the brother and mother of complainant took him from De-addiction Centre to his home. Thereafter, he sent a message to Gursimranjit Singh and they planned to meet at bus stand, Amritsar. He alongwith his mother and sister went to Plaha Sahib road in Hyundai Verna car bearing No.PB65AB5678 and he dropped them at his sister's home and proceeded to meet Gursimranjit Singh after 7-8 years. Gursimranjit Singh boarded the car and put a kit bag on the rear seat. After reaching bus stand, Gursimranjit Singh asked him to give the car to him for five minutes as he had to drop his friend for catching a bus and thereafter, Gursimranjit Singh started driving the car. At about 8:00 PM, Gursimranjit Singh took the car near Coca Cola Factory, Vallah and took out a pistol from the bag and fired towards complainant through window of the car. He asked him to hand over the car key and threatened to shoot him in case, he did not hand over the key to him. When complainant tried to pacify him, he tried to fire another shot towards complainant's leg, on which he got scared. Thereafter, Gursimranjit Singh snatched the car and went away in the car, which belong to his sister Manpreet Kaur. His one bag was also lying in the car which contained his driving licence, RC and other documents and clothes. During investigation, Gursimranjit Singh was arrested and he suffered disclosure statement to the effect that he had given the car to Kulwinder Singh @ Madhar (petitioner), who was also arrested on 26.03.2022. He disclosed that he had affixed forged number 2 of 4 ::: Downloaded on - 12-11-2025 10:31:37 ::: CRM-M-30808-2025 -3- plate on the same and when he was going in the area of Zirakpur in the said car, it met with an accident and he left the car at the spot, which was taken into possession by the Zirakpur Police under Section 102 Cr.P.C. After completion of investigation, final report was presented for trial.
5. Learned counsel for the petitioner contended that petitioner has been nominated as an accused in the disclosure statement suffered by main accused Gursimranjit Singh which is not admissible in evidence. He was not involved in the incident of snatching. No stolen property has been recovered from his possession. Petitioner is in custody since 26.03.2022. The trial will certainly take a long time to conclude and his further detention is not required and he may be released on bail.
6. On the other hand, learned State counsel has opposed the bail and argued that petitioner has committed a heinous offence and prayed that the bail application be dismissed.
7. Admittedly, petitioner was not present at the time of snatching of car from the complainant by co-accused Gursimranjit Singh. As per disclosure statement suffered by main accused Gursimranjit Singh, he had handed over the car to petitioner, which had met with an accident in the area of Zirakpur and was taken into possession by the police under Section 102 Cr.P.C. As such, stolen property has also not been recovered from his possession. As to how much evidentiary value will be attached to the disclosure statement of co-accused and that of petitioner himself shall be subject matter of trial. Petitioner is in custody since 26.03.2022. The trial will certainly take a long time to conclude and in these circumstances, further detention of the petitioner is not required 3 of 4 ::: Downloaded on - 12-11-2025 10:31:37 ::: CRM-M-30808-2025 -4- and he is entitled to be released on bail.
8. Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, the bail application is allowed and petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions.
9. Pending misc. application(s), if any, shall also stand disposed of.
(YASHVIR SINGH RATHOR)
27.10.2025 JUDGE
Priyanka Thakur
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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