CRM-M/15181/2026 of MOHAMMAD AFROZ ALIAS MD. AFAROJ Vs STATE OF PUNJAB on 23 July 2026

345 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15181-2026 (O&M) Date of Decision: 23.07.2026 MOHAMMAD AFROZ ALIAS MD. AFAROJ ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Ms. Arzoo Modi, Advocate for the petitioner. Mr. Adeshwar S. Pannu, AAG, Punjab. Mr. Gurnoor Sandhu, Advocate for the complainant. **** JASJIT SINGH BEDI, J. The prayer in the present petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.111 dated 02.10.2023 registered under Sections 302, 307, 458, 323, 506, 148 and 149 of IPC (Sections 103, 109, 331, 115(2), 351(2), 351(3), 191(3) and 190 of BNSS, 2023 at Police Station City-2 Malerkotla.

2. The present FIR came to be registered at the instance of Shehnaz and reads as under:- “Statement of Shehnaz wife of Shaukat Ali alias Soki resident of Nawaz Colony Malerkotla aged about 40 years phone number 79865-72314. Stated that I am a resident of the above address and do domestic work. On dated 1-10-2023 Mohammad Asif Akib, Abbu Bakr, sons of Kaish resident of KUSUM

Nawaz Colony Malerkotla, Nadeem son of Mohammad Aslam resident of 786 Chowk Malerkotla and 2 other unknown persons were flying kites and were playing music and at around 7-00 PM at night the above persons came to the roof of our house and started making a ruckus and started abuses loudly, then I and my husband Shaukat Ali went to the roof to make them understand, then the above Mohammad Asif gave a kirpan blow on the head of my husband Shaukat Ali alias Soki. When I came forward to save him, then the above said Aqib gave dang blow on my head and I fell down on one side. Then the above said persons threw my husband and gave beatings to him with sticks and dang and dragged him after catching him from his arms and legs and threw him on the net fitted on the roof of Moulvi Saddam. Due to breaking of the net, my husband Shaukat Ali alias Soki fell down on the floor, due to which Shaukat Ali alias Soki suffered many more injuries. When I started raising noise of Marta Marta, then the above said persons ran away from the spot by giving threats to kill and they were saying loudly that today he has escaped and next time teach him a lesson properly. The reason for the fight is that Muhammad Asif, Aqib, Abbu Bakr, Nadeem and 2 other unknown persons were making ruckus after coming on our house, and harassing us. When we restrained them from doing so then the above mentioned persons beaten us. As condition of mine and my husband's was bad, my brother-in-law KUSUM

namely, Muhammad Liaqat son of Ghulam Rasool got us admitted in the Civil Hospital Malerkotla after arraigning a vehicle, from where I and my husband Shaukat Ali alias Soki were referred to Rajindra Hospital Patiala after giving first aid. We are undergoing treatment at Rajindra Hospital Patiala. During the treatment, I have got my statement recorded to you. Legal action should be taken against the above persons. I have read the statement and it is correct. Sd/-Sehnaz."

3. The learned counsel for the petitioner contends that one Mohammad Aqib, who has been named in the present FIR and has been attributed an injury to the complainant, has been granted the concession of bail vide order dated 28.08.2025 (Annexure P-6). The petitioner is named in the disclosure statement of one of the arrested accused. As he is in custody since 04.03.2024 but only 02 of the 20 prosecution witnesses have been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail.

4. The learned counsels for the State and the complainant contend that all the accused first assaulted the deceased and threw him from the roof. They, however, concede that Mohammad Aqib, who has been attributed a specific injury on the person of the complainant, has been granted bail vide order dated 28.08.2025 (Annexure P-6), that the petitioner is named in the disclosure statement of one of the arrested accused and that he is in custody KUSUM

since 04.03.2024 but only 02 of the 20 prosecution witnesses have been examined so far.

5. I have heard the learned counsel for the parties.

6. The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the Trial. Admittedly, the petitioner is in custody since 04.03.2024 but only 02 of the 20 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required.

7. Thus without commenting on the merits of the case, the present petition is allowed and petitioner-Mohammad Afroz @ Md. Afaroj S/o Mohammad Tufail is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.

8. The petition stands disposed of. (JASJIT SINGH BEDI) 23.07.2026 JUDGE Kusum Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No KUSUM