Shivkaran Singh @ Karan v. State of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

103 CRA-D No.87 of 2025 (O&M) Reserved on: 16.03.2026 Pronounced on : 01.04.2026

SHIVKARAN SINGH @ KARAN …. Appellant

Versus STATE OF PUNJAB …. Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MRS. JUSTICE RAMESH KUMARIo

Present : Mr.oRuhanioChadha,oAdvocateoforotheoappellant.

Mr.oSiddharthoAttri,oAAG,oPunjab. **** FIR Dated Police Sections Station 120 10.09.2023 Khuian 22/25(7)54/59 of Arms Sarwar Act and 17/18/20 UAPA Act

RAMESHoKUMARI, J. (Oral)

¶1The appellant/accused has filed the instant appeal against the impugned order dated 13.11.2024 passed by learned Additional Sessions Judge, Fazilka whereby, his application for grant of regular bail has been dismissed.

¶2The above numbered FIR was registered at the instance of Inspector Paramjit Kaur wherein she stated that 10.09.2023, when she along with police party was present at a check point in the area of Gumjal, a private bus came from the side of Ganganagar. While the police party was checking the said bus, two youngsters alighted from the bus and fled

away, but disclosed Baba Nana country m William M cartridges. Activities was added

¶3Vide Rap Karan was

¶4The main falsely be custody in with maga effected in

09.09.2023 Act, at Pol since been order date recovered statement recovery o cannot be appellant/a

were apprehended by the police their names as Sharanjeet Singh ak and William Masih. Search o made pistol along with 10 live Masih yielded one country ma . Later on offences under Sectio (Prevention) Act (for short-UAP d. at at No.29 dated 04.11.2023, s nominated on the disclosure sta contention of learned counsel een implicated in this case and n another case. The recovery of c azine and 6 live cartridges all n context of another case regar 3 under Sections 307, 148, 149 lice Station Dera Baba Nanak, G n released on bail in said case a ed 26.02.2024 of learned Additio from the appellant/accused in t under Section 27 of Indian Ev of any incriminating substance e read against him and he veh accused on regular bail.

e party. On being enquired, they h son of Saroop Singh r/o Dera of Sharanjeet Singh yielded one cartridges. Personal search of ade pistol along with 10 live ons 17, 18 and 20 of Unlawful PA Act) and Section 201 of IPC , appellant-Shivkaran Singh @ atement of co-accused. for the appellant is that he has d was arrested while being in country made pistol .9MM along legedly effected from him was rding which FIR No.113 dated IPC and Section 25(A) of Arms Gurdaspur was registered. He has arising out of FIR No.113 vide onal Sessions Judge. Nothing is this case. His alleged disclosure vidence Act had not resulted in e. The statement of co-accused hemently prayed for release of y a e f e l C @ s n g s d s s e s e n d f

¶5Per contra @ Nirvair statement arrested on Sehajpreet on 25.10.2 questionin son of Suk son of Se William M and they w brought th disclosed concealed magazine, along with

¶6Gurpreet S Singh, Am this case v Sehajpreet arrested in

04.11.2023 regarding the border

a, learned State counsel contende r Singh @ Sunny was nominat of co-accused Sharanjit Singh n the spot and have been specific t Singh @ Nirvair Singh @ Sunn 2023 when he was trying to ab ng, disclosed that he and Amarj khdev Singh, Daler Singh son of ewa Singh, Sharanjit Singh @ Masih son of Kashmir Masih join were to kill leaders of a particular he pistol. Accused Sehajpreet that earlier also, he brought in the fields and got recov one pistol .30 bore with mag h two live cartridges. Singh @ Gopi son of Sewa Sin marjeet Singh @ Nikka son of Su vide DDR No.47 dated 27.10.202 t Singh recorded on 03.11.2023 n this case. Amarjeet Singh @ 3, disclosed about the invo collection of arms, ammunition r which were dropped through d

ed that accused Sehajpreet Singh ted in this case on the basis of and William Masih who were cally named in the FIR. Accused ny was arrested at Delhi Airport abscond from India. He, during jeet Singh @ Nikka @ Bhaiya f Malkeet Singh, Gurpreet Singh @ Sunny son of Saroop Singh, ntly indulged in illegal activities r community for which they had Singh @ Nirvail Singh also the pistol which he had kept vered one pistol .9 MM with gazine and one extra magazine ngh, Daler Singh son of Malkit ukhdev Singh were nominated in 23, upon disclosure statement of , Amarjeet Singh @ Nikka was @ Nikka in his statement dated olvement of appellant/accused n and fake currency notes from drones by Harinder Singh Rinda, h f e d t g a h , s d o t h e t n f s d d m ,

chief of B used to dis carrying o

¶7Appellant/ the basis Appellant/ other crim

¶8After his a admitted in of banne Organizati

¶9We have counsel fo

¶10Recovery effected f No.113 d nominated permission

15.03.2026 following

i) F

Babbar Khalsa International Org stribute the same to the member n the killings of leaders of partic /accused was nominated vide D of disclosure statement made /accused Shivkaran Singh@ Kar minal case and was arrested in the arrest, the appellant/accused vide nvolvement in terrorists activitie ed terrorist organization (B ion) which is operating from Pak gone through the record with or the appellant and learned State of one pistol .9 MM, one maga from the appellant/accused re dated 09.09.2023 was register d in this case, his production w n of the Court and he was arre 6 filed by the respondent-State other criminal cases: IR No. 11 dated 09.09.2023 un 25 Arms Act, Police Station Dera

ganization Pakistan and that he rs of the gang for the purpose of cular community. DDR No.28 dated 04.11.2023 on by Amarjeet Singh @ Nikka. ran was already in custody in an e present case on 07.11.2023. e his statement dated 10.11.2023 es and his links with the leaders Babbar Khalsa International kistan. the able assistance of learned e counsel. azine and 6 live cartridges were egarding which aforesaid FIR red against him. After being warrant was obtained with the ested. Custody certificate dated e reveals that he is involved in nder Section 307, 149, 148 IPC, a Baba Nanak. e f n . n

s l d e R g e d n , o o o CRA-DoNo.87oofo2025o(O&M)o

o o ii)oFIRoNo.49odatedo19.08.2023ounderoSectiono307,o302,o427,o148,o o oooo149oofoIPCoandoSectionso25o&o27oofoArmsoActoatoP.S.oKotlioSurato o ooooMalhi.o o o iii)oFIRoNo.263odatedo01.09.2025ounderoSectiono109,o115(2),o132,o o ooooo190,o191(3),o221,o324(2)oofoBNSoandoSectionso42,o52AoPrisonso o ooooooAct,oP.S.oIlamabad.o o o iv)oFIRoNo.325odatedo17.12.2025ounderoSectionso109,o11592),o121,o o ooooo132,o190,o191(3),o221oBNS,o52AoPrisonsoAct,oP.S.oDivisionoNo.7o o oooooo(Vardhman).o

11.o Theoinvolvementoofoappellant/accusedoinotwoocriminalocasesoi.e.oarisingo outo ofo FIRo No.263o ando o FIRo No.325,o abovenoted,o whileo ino judicialo custodyoprimaofacieorevealsothatoheodidonotorefrainofromocriminaloactivitieso whileobeingoinocustody.oInosuchoaosituation,oinocase,oheoisoreleasedoono regularobailoinothisocase,oheoisolikelyotooindulgeoinosimilaroactivitiesoando therefore,oheoisonotoentitledoforobenefitooforegularobail.oTheoappealoasosucho isodismissed.o

12.o Beforeopartingowithothisoorder,oweofeeloisodesirableotooissueodirectionsotoo theo learnedo trialo Courto too takeo theo followingo stepso foro expeditiouso conclusionoofotheotrial:-o

(i)oTheotrialoCourtoshalloframeoaoscheduleoofodatesoinoadvanceoforooo summoningotheowitnessesoandoshalloalsooendeavourotoorecordo theostatementsoofotheoPWsowhoseopresenceoisodulyosecured.o SpecialoMessengersobeodeputedoforosecuringotheopresenceoofo theoprosecutionowitnesses.oIfodeemedonecessary,oaoletteromayo o o o CRA-DoNo.87oofo2025o(O&M)o

beowrittenotootheoSenioroSuperintendentoofoPolice,oconcerned,o forogettingotheoneedfulodoneoforoensuringotimelyopresenceoofo prosecutionowitnesses;oandoo

(ii)oTheoprosecutionoisodirectedotooensureotheopresenceoofoallotheo prosecutionowitnessesobeforeotheotrialoCourtoonotheodatesoaso mayo beo fixedo byo theo trialo Courto foro recordingo prosecutiono evidence.oTheoDistrictoAttorneyoconcernedotootakeonecessaryo stepso foro theo purposeo ofo securingo theo presenceo ofo theo remainingoprosecutionowitnesses.o

13.oo Pendingoapplication(s),oifoany,ois/areoalsoodismissed.oo

14.oo Anyoobservationsomadeohereinoaboveowhileodecidingothisobailoapplicationo shallohaveonoobearingoonotheomeritsoofotheocase.oo o o o (GURVINDERoSINGHoGILL)oo o (RAMESHoKUMARI)o ooooooooooJUDGEo o o ooooooooooJUDGEo o

01.04.2026o o o o ????????o Whether speaking/reasoned:  Yes/No. o