CRM-M/46075/2026 of PRABH MASIH @ PRABHUAL MASIH Vs STATE OF PUNJAB on 11 September 2026

1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Prabh Masih @ Prabhual Masih, aged about 41 years 163 21.07.2025 109,

61(2), 351(2), 351(3), 3(5) of BNS (corresponding to Sections 307, 120-B, 506, 507 and 34 of the Indian

Penal Code, 1860) and Sections 25, 27, 54, 59 of Arms Jandiala Police Commissionerate Amritsar LAVISHA

Act and Sections 103,

318(4), 336(2),

338, 336(3), 340(2) of BNS (subsequently added) (corresponding to Sections

302, 420, 465, 467, 468 and 471 of the Indian Penal Code, 1860)

2. Incident in question happened at about 9.00 A.M. on 21.07.2025, in which complainant’s brother namely Lakhwinder Singh alias Lakhbir Singh suffered bullet injuries. FIR was got registered by complainant namely Daljit Singh @ Jeeta, which reads as under:- “As per his routine, on 21.07.2025, he left the house in the morning in his car no. PB02CE-6897 i10 company. I had also a hearing in District Courts, Amritsar and after completing errands I had left earlier and told my brother to pick me up from near Car Washing Service Station, Near Ever Green Colony, Jandiala. After completing my work, I was waiting for my brother that it was about 09:00 in the morning. I saw car of my brother Lakhwinder Singh approaching so I came forward. At a distance of 25/30 steps 3 assailants armed with pistols came from the side of Baba Hundaal riding on two motorcycles and started firing at my brother indiscriminately with an intention to kill him. Due to shots, he got severely injured and he lost control over the car and it hit a cyclist passing by and then into shutter of a shop. Cyclist was injured and engine of the car also went off. In order to save my brother I ran towards him and the above assailants kept firing with their pistols towards my brother, who were seen by me, Kuldeep Singh Mistry, Robin Singh and other people. I raised alarm Mar ditta mar ditta and help help. People gathered there and the assailants fled from the spot, firing, on their motorcycles. Out of the assailant, I identified two of them as Ajaypal Singh @ Gandhi son of Baldev Singh Alias Deba, Abhi son of Kanta LAVISHA

son of Inderjit Singh resident of Mohalla Sheikhupura Jandiala Guru. I can identify the third assailant who was their companion if he comes before me. I took out my injured brother out of the car in injured condition with the help of the people, arranged for a vehicle. Friend of my brother namely Lakhbir Singh and son of my brother Lakhwinder Singh namely Mukhwinder Singh and Gagandeep Singh @ Gaggi son of Bikkar Singh resident of Jandiala reached at the spot on car, by which, I took my injured brother Lakhwidner Singh to Amandeep Hospital, Amritsar. On his way, my brother Lakhwinder Singh told us that he has been attacked under a planning with an intention to kill by: Balwinder Singh @ Binder Kutti Pehalwan son of Dalbir Singh, Gupreet Singh @ Goldy son of Ajit Singh, Ajaypal Singh @ Gandhi son of Baldev Singh @ Deba, Abhi son of Kanta son of Inderjit Singh, resident of Mohalla Shekhupura Jandiala Guru, Angrej Singh @ Teetu son of Kulwant Singh, resident of Boparai Police Station Lopoke Amritsar, in conspiracy with each other through Ajaypal Singh @ Gandhi son of Baldev Singh @ Deba, Abhi son of Kanta son of Inderjit Singh, resident of Mohalla Shekhupura Jandiala Guru and one more unidentified person. The motive behind it is that above accused suspected that my brother Lakhwinder looking after cases of their opponents. Due to this reason, the above accused have carried out this incident. The above accused had also threatened that if, he fought their cases, he will be done to death. A few days ago Ajaypal Singh @ Gandhi had threatened son of my brother namely Mukhwinder Singh. Due to this grudge only, my brother has been attacked with an intention to kill by giving gun shots and has been severely injured. The cyclist who got injured during the incident, was also taken for treatment by the passer-bys. Legal action be taken against all of them. At this moment, my brother Lakhwinder Singh is under treatment in Amandeep Hospital, Amritsar. Statement recorded, heard and is correct. SD/- Daljit Singh @ Jeeta”

3. As per the FIR, there are total 5-7 accused persons namely Balwinder Singh @ Binder Kutti Pehalwan, Gurpreet Singh alias Goldy, LAVISHA

Ajaypal Singh @ Gandhi, Abhi, Angrej Singh @ Teetu and two other unknown persons. Victim namely Lakhwinder Singh alias Lakhbir Singh succumbed to the bullet injuries on 02.08.2025, and thereon, offence under section 103 of BNS was added.

4. Learned counsel for the petitioner submits that name of the petitioner does not find mention in the FIR. Rather, it was co-accused Sharanjit Singh @ Abhi who was arrested in another case, i.e. FIR No. 24 dated 21.02.2025, registered under Sections 109, 191(3) and 190 of the BNS and Sections 25, 27, 54 and 59 of the Arms Act, at Police Station Jandiala, District Amritsar Rural, and during the course of investigation in the said case, he (co-accused Sharanjit Singh @ Abhi) made a disclosure statement dated 01.02.2026, wherein, while allegedly confessing his involvement in the incident which is the subject matter of the FIR No.24 (supra), he also disclosed his alleged involvement in the incident which forms the subject matter of the present murder case. Relevant portion of the alleged confessional statement/disclosure statement of co-accused Sharanjit Singh @ Abhi, recorded on 01.02.2026, is reproduced here below:- “xxxxxx xxxxxxx xxxxxxx After this incident, on 21-07-2025, I alongwith my friends murdered Lakhwinder Singh Advocate of Mohalla Shekhupura, Jandiala Guru by giving him gun shots. After this murder, my friend Prabh Masih @ Prabhual Masih son of Pargat Masih, resident of Muskan Avenue Colony, FAtehgarh Churian Road, LAVISHA

Amritsar, prepared my forged documents and got prepared a passport at my fake address. I was about to flee to Dubai on fake passport, but was apprehended at Airport. I have committed a mistake by committing these crimes. I be forgiven. I have got recorded my true statement to you." On this statement, I, ASI, recorded a separate memo of confession of the accused Sharanjit Singh @ Abhi. Accused Sharanjit Singh @ Abhi has signed the confession and the same is being got signed by the witnesses. Accused Sharanjit Singh @ Abhi above Sd/- Sharanjit Singh in Punjai Seal of Police Station Jandiala”

5. Thus, learned counsel for the petitioner submits that only role attributed to the petitioner is that he allegedly assisted one of the main accused, namely Sharanjit Singh @ Abhi, in obtaining/preparing a passport on a fictitious address on the basis of forged documents. Except for the aforesaid alleged role, no other overt act or active participation of the petitioner in the incident which took place on 21.07.2025 has been attributed to him by the prosecution. It is further submitted that the person whom petitioner allegedly sought to assist in fleeing the country, namely Sharanjit Singh @ Abhi, is himself stated to be one of the main accused in the present case.

6. Learned counsel further submits that petitioner is inside jail since 01.02.2026, i.e. for a period of about 7 months and 3 days. It is contended that keeping the petitioner incarcerated for an indefinite period LAVISHA

would serve no useful purpose, particularly when his alleged role is limited to the aforesaid act and his further custodial interrogation is not required. Learned counsel, therefore, prays for grant of regular bail to the petitioner in the present case.

7. In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 10.09.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petitioner has already undergone 07 months and 03 days period inside jail.

8. Learned State counsel, while opposing the prayer and submissions made by learned counsel for the petitioner, submits that apart from the present case, petitioner is also involved in two other criminal cases. It is, therefore, contended that, keeping in view the grave and serious nature of the allegations levelled against the petitioner, he does not deserve the concession of regular bail. Learned State counsel accordingly prays for dismissal of the present petition.

9. This Court has heard the submissions addressed by learned counsel for the parties and has also gone through the record available before it.

10. Petitioner is inside jail in the present case for the last about seven months. As regards his alleged involvement in the actual murder of Lakhwinder Singh @ Lakhbir Singh, the same is yet to be determined by LAVISHA

learned Trial Court after appreciation of the complete evidence to be led by the prosecution and defence during the course of trial.

11. In view of the totality of circumstances, facts and allegations levelled against the petitioner, period of incarceration already undergone by him, and the factors noticed here above, this Court deems it appropriate to grant the concession of regular bail to the petitioner in the present case. Consequently, prayer made in 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.

12. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

13. Any of the discussion done and recorded here above, 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.

14. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 11.09.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA