Gurwinder Singh Alias Ginda vs State Of Punjab

CRM-M-3615-2026
CRM-M-55941-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
225 CRM-M-3615-2026
Gurwinder Singh alias Ginda ......Petitioner
Versus
State of Punjab
......Respondent
225-2 CRM-M-55941-2026

Kamaldeep Singh ......Petitioner
Versus
State of Punjab
Decided on: 12.11.2026
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Satnam Singh, Advocate for the petitioner
(in CRM-M-3615-2026).
Mr. Sumit Dua, Advocate for the petitioner
(in CRM-M-55941-2026)
Mr. Vinay Malhotra, DAG, Punjab.

SANJAY VASHISTH , J.(Oral)
1. By way of this common order both aforementioned petitions
are being disposed of .
2. Aforementioned two petitions have been filed under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter
referred to as the 'BNSS'), by the respective petitioners, seeking the grant
of regular bail in case FIR No. 144 dated 08.12.2022, registered at Police
Station City Nakodar, District Jalandhar. The particulars of the respective
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CRM-M-3615-2026
CRM-M-55941-2026 2
petitions and the offences alleged against the petitioners are tabulated
hereinbelow:—
Sr. Petition / Name of
FIR details and offences
No. Case No. petitioner
FIR No. 144 dated 08.12.2022, under
Sections 302, 34 IPC and Section 25 of
Arms Act and Sections 216, 427, 120-
B, 148,1 49 IPC and Sections 29/30-
54-59 of Arms Act added later on ,
registered at Police Station City
Nakodar, District Jalandhar
Gurwinder
Singh @
Ginda
CRM-M-
1. 3615-
2026
FIR No. 144 dated 08.12.2022, under
Sections 302, 307, 34 IPC (103, 109,
3(5) of BNS) and Section 25 of Arms
Act, registered at Police Station City
Nakodar, District Jalandhar.
CRM-M-
2. 55941-
2026
Kamaldeep
Singh
3. Case of the prosecution is that the incident occurred on
07.12.2022 at approximately 08:15 a.m. Complainant-Harminder Singh,
got the present FIR registered with the allegations that his son, Bhupinder
Singh @ Timmy, had received a ransom call demanding Rs.30,00,000/-
through WhatsApp on 01.11.2022. Consequently, security was provided
to Bhupinder Singh @ Timmy. On 07.12.2022, at around 08:10 a.m.,
Bhupinder Singh @ Timmy, accompanied by his gunman, Constable
Mandeep Singh, went to their shop in his Brezza car. At approximately
08:15 a.m., 2-3 young boys arrived on a motorcycle and opened fire upon
both of them. The complainant rushed towards his son's vehicle and
noticed that both Bhupinder Singh @ Timmy and Constable Mandeep
Singh had sustained bullet injuries. They were immediately shifted to the
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CRM-M-3615-2026
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hospital, where Bhupinder Singh @ Timmy succumbed to his injuries.
Subsequently, on 09.12.2022, Constable Mandeep Singh also succumbed
to his injuries.
4. Initially, FIR was registered against unknown persons.
However, during the course of investigation, on 10.12.2022, Constable
Rattan Singh played a video depicting the commission of the crime, on
the basis of which the investigating agency succeeded in identifying the
actual assailants present at the spot, namely, (i) Manga Singh @ Geeta
Singh, (ii) Kamaldeep Singh @ Deepa and (iii) Khushkaran Singh @
Khushi. Upon their arrest, one pistol along with four live cartridges was
recovered.
On the basis of the disclosure statements made by the
aforesaid accused, several other persons, who were allegedly involved in
planning and conspiring to commit the murders, were also nominated and
arrested in the present case vide DDR No. 22 dated 14.12.2022. They
included (iv) Amrik Singh, (v) Sajan Singh, (vi) Thakur Singh, (vii)
Amandeep Singh Purewal, (viii) Gurwinder Singh @ Ginda (petitioner
herein), (ix) Karan and (x) Akash.
Upon completion of the investigation, the challan was
presented before the competent Court, whereupon charges were framed
vide order dated 15.02.2024.
5. During the course of hearing, learned State counsel, on
instructions from the Investigating Officer, apprised the Court that three
more accused, namely, (xi) Lakhbir Singh, (xii) Charanjit Singh and (xiii)
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Gagan Gill @ Gagan, were also subsequently found to be involved in the
present case.
It is further noticed that certain accused, who were
nominated on the basis of disclosure statements, have already been
granted the concession of regular bail by Coordinate Benches of this
Court. In particular, Gagan Gill @ Gagan was granted bail vide order
dated 21.05.2024 passed in CRM-M-4872-2024, whereas Akashdeep
Singh @ Chata @ Ghanti was granted bail vide order dated 02.09.2024
passed in CRM-M-41285-2024 (P-3).
6. Learned counsel for petitioner Gurwinder Singh @ Ginda
submits that the petitioner has been falsely implicated in the present case
and that no specific role has been attributed to him in the actual
commission of the crime at the spot. It is argued that the petitioner has
been implicated subsequently, primarily on the basis of the disclosure
statements made by the co-accused, alleging his involvement in the
conspiracy to commit the murders of Bhupinder Singh @ Timmy and
Constable Mandeep Singh.
Learned counsel further submits that the petitioner was not
one of the actual assailants who participated in the firing incident and that
no specific overt act has been attributed to him at the time of the
occurrence. It is also pointed out that similarly situated co-accused, who
were nominated during the course of investigation on the basis of
disclosure statements, have already been granted the concession of
regular bail by Coordinate Benches of this Court.
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Learned counsel further submits that the petitioner has
undergone a substantial period of incarceration, i.e. more than three years
and ten months, and that the trial is likely to take considerable time to
conclude, particularly when a large number of prosecution witnesses are
yet to be examined. Accordingly, prayer for grant of regular bail is made.
6. As far as petitioner-Kamaldeep Singh is concerned, learned
counsel appearing on his behalf contends that the petitioner has been
falsely implicated in the present case and that the allegations levelled
against him are yet to be established during the course of trial. It is
submitted that the petitioner is in custody for a period of more thatn 03
years and that the investigation already stands concluded, with the
challan having been presented before the learned Trial Court.
Learned counsel further submits that the prosecution
proposes to examine as many as 69 witnesses, whereas only 09 witnesses
have been examined so far, and therefore, the conclusion of the trial is
likely to take considerable time. It is further argued that the petitioner
cannot be kept behind bars indefinitely merely because of the gravity of
the allegations, particularly when his continued incarceration would serve
no useful purpose. Accordingly, prayer for grant of regular bail is made.
7. Per contra, learned State counsel has vehemently opposed
the prayer for grant of regular bail and submits that both the petitioners
were actively involved in the commission of the offence. Learned State
counsel has placed on record the custody certificates of the respective
petitioners, which are taken on record.
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It is further submitted that the prosecution intends to
examine a total of 69 witnesses, out of whom 7 have been given up and
only 9 have been examined so far. Learned State counsel also points out
that petitioner-Gurwinder Singh @ Ginda is involved in certain other
criminal cases. Accordingly, dismissal of the present petitions is prayed
for.
8. This Court has considered the rival submissions advanced by
learned counsel for the parties and has gone through the material
available on record.
9. As far as petitioner Gurwinder Singh @ Ginda is concerned,
it is noticed that he was not one of the actual assailants identified in the
video depicting the commission of the crime. His alleged involvement is
primarily in the conspiracy preceding the occurrence, as emerging from
the disclosure statements of the co-accused. It is further noticed that
certain other accused, who were also nominated during the course of
investigation on the basis of disclosure statements, have already been
granted the concession of regular bail by Coordinate Benches of this
Court.
This Court is also conscious of the gravity of the allegations,
particularly the fact that two persons, including a police official who had
been deputed for the security of the deceased, lost their lives in the
incident. However, at the same time, petitioner's role has to be considered
independently, having regard to the material attributed to him. Petitioner
is in custody for a period of morethan three years and ten months of
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incarceration, whereas only 9 out of the total 69 prosecution witnesses
have been examined so far. Thus, the conclusion of the trial is likely to
take considerable time.
Considering the period of incarceration already undergone
by the petitioner, the nature of the allegations attributed to him, the stage
of the trial and the fact that similarly placed co-accused have already
been granted bail, this Court is of the considered opinion that further
incarceration of petitioner-Gurwinder Singh @ Ginda would not serve
any useful purpose at this stage. Accordingly, without expressing any
opinion on the merits of the case, CRM-M-3615-2026 is allowed .
Petitioner-Gurwinder Singh alias Ginda is ordered to be released on
regular bail, subject to his furnishing requisite bail bonds/surety bonds to
the satisfaction of the learned Trial Court/Duty Magistrate concerned, if
not required in any other case.
10. However, as far as petitioner-Kamaldeep Singh is concerned,
his case stands on an entirely different footing. As per the prosecution
case, he was one of the actual assailants who actively participated in the
commission of the crime. His presence at the spot and alleged
participation in the firing incident are sought to be established through
the video depicting the occurrence, which was played by Constable
Rattan Singh during the course of investigation. He was also one of the
three accused initially identified as the actual assailants, and upon their
arrest, one pistol along with four live cartridges was recovered.
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Thus, the role attributed to petitioner-Kamaldeep Singh is
distinguishable from that of petitioner Gurwinder Singh @ Ginda, who is
alleged to have been involved in the conspiracy preceding the occurrence.
Petitioner is alleged to have directly participated in the firing, resulting in
the death of two persons, including a police official. In view of the
specific role attributed to him and the material collected by the
investigating agency, this Court is not inclined to extend the concession
of regular bail to him at this stage.
Faced with the situation, learned counsel appearing for
petitioner-Kamaldeep Singh prays for withdrawal of present petitioner.
Accordingly, petition i.e. CRM-M-55941-2026, filed by
petitioner Kamaldeep Sing h, is dismissed as withdrawn as prayed for.
11. A photocopy of this order be placed on the files of other
connected cases.
(SANJAY VASHISTH)
JUDGE
November 12, 2026
rashmi
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
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