Pankaj Malik vs State of Punjab

VIKRAM AGGARWAL, J. (ORAL)

The prayer in the present petition instituted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), is for the grant of regular bail to the petitioner in case FIR No.224 dated 05.08.2025 registered at Police Station Dera Bassi, District SAS Nagar (Mohali), under Sections 109, 132, 221 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) and Section 25 of the Arms Act, 1959.

On 05.08.2025, when ASI Komalpreet Singh was present at Bus Stop Dera Bassi along with other police officials, he received a secret information that one Sumit Bishnoi, resident of Hanumangarh (Rajasthan), who was a member of Lawrence Bishnoi Gang and had killed one Mahavir Sihag few days ago along with his gang members was on the look out to commit some crime and was having illegal arms and ammunition. He was stated to be residing as a PG near the office of Vineet Property, Dera Bassi. As per the secret information, if a raid was conducted, he could be apprehended along with his accomplices and arms and ammunition could be recovered. Accordingly, a raid was conducted. When the police called out the accused, he fired on the police party from inside his flat. However, the bullet hit the wall after piercing the door mesh. The police party entered the room upon which the accused again tried to fire on the police party. However, the police party then fired in self-defence and a bullet hit the leg of the accused Sumit Bishnoi. The present petitioner was arrested from the same room.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that neither had the petitioner opened any fire on the police party nor was any recovery made from him. He submits that the petitioner was only acquainted to Sumit Bishnoi and was not aware about his activities or antecedents. He submits that the antecedents of the petitioner are clean. He further submits that the main accused Sumit Bishnoi is in custody. He submits that even the petitioner is in custody since 05.08.2025; investigation has been completed; final report has been submitted; however, charges have not been framed, as a result of which out of 12 prosecution witnesses, none has been examined; trial will take a sufficiently long time and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer.

Per contra, learned Stated counsel has opposed the bail application, stating that as per the secret information, the petitioner is also a member of the Lawrence Bishnoi Gang and he was present with the main accused Sumit Bishnoi when fire was opened upon the police party.

I have considered the submissions made by learned counsel for the parties.

The petitioner was arrested on 05.08.2025 when a police party raided a PG. The police party was fired upon. The information was about Sumit Bishnoi and other accomplices. Sumit Bishnoi is in custody. Recovery of arms was made from him. No recovery was made from the petitioner. The antecedents of the petitioner are clean with no other case registered against him. As to whether actually he is a member of the Lawrence Bishnoi Gang and as to whether he was involved in the matter would be determined when the trial concludes. Investigation has been completed. Final report has been submitted. However, charges have not been framed, as a result of which, out of 12 prosecution witnesses, none has been examined. The petitioner has suffered incarceration of more than 01 year and 01 month. In the considered opinion of this Court, trial will take a sufficiently long time and, therefore, no useful purpose would be served by keeping the petitioner in custody any longer.

In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.