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2022 DAILYLAW 2767 (PNJ)

SUNNY v. STATE OF PUNJAB

CRM-M/23087/2026 · 2026-05-15

Manisha Batra

body2022

Judgment text

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CRM-M-23087- IN THE H (204) SUNNY STATE OF PUNJ CORAM: HON Present: Mr. Ms. S *** MANISHA BATR 1. The i 482 of Bharatiya grant of anticipa registered under of the Arms Act 2. The a got recorded by 17.12.2022, she main gate of her by some unknow her, the accused her. Then all of -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH CRM Dat Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Parveen Chauhan, Advocate for t Ms. Sakshi Bakshi, AAG, Punjab *** BATRA, J. (ORAL) The instant petition has been filed b ratiya Nagarik Suraksha Sanhita, 202 atory bail in case arising out of F Sections 336, 452, 148, 149, 427 at Police Station Civil Lines, Ba The aforementioned FIR was regis the complainant Kashmir Kaur came out of her house to buy m r house, accused Rashpal Singh wn persons were found creating Rashpal Singh @ Ghuddu made f them entered inside her house JAB AND HARYANA AT ARH CRM-M-23087-2026 (O&M) Date of decision : 15.05.2026 ... Petitioner ...Respondent ANISHA BATRA te for the petitioner filed by the petitioner under Section a, 2023 (for short “BNSS”) seeking ut of FIR No.383 dated 18.12.2022 7 of IPC and Sections 25 and 27 atala, District Gurdaspur. stered on the basis of statement alleging that on the evening of milk and as soon as she opened @ Ghuddu, Sonu accompanied ruckus on the street. On seeing e an exhortation to catch-hold of e, after breaking open the main ction king 2 7 t f d d g f n AMIT SHARMA 2026.05.15 13:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-23087- gate. They were also damaged th raised, they fle proceedings wer as an accused. A anticipatory bail Sessions Judge, G 3. It is falsely implicated on the basis of a cannot be consid was taken after a specific overt ac His custodial int him. The co-ac Tralochan Singh extended benefit allowed. 4. Stat the presence of disclosure statem investigation in t stressed that the p -2026 (O&M) 2 e armed with weapons and one he household articles kept in h ed from the spot. After regi re initiated. During investigation Apprehending his arrest, he mo l which was dismissed by the Gurdaspur vide order dated 01.0 s argued by learned counsel for d in this case. He was not name alleged disclosure statement of c dered to be legally admissible in a delay of more than two and hal ct has been attributed to him. H terrogation is not required. No ccused Harbhajan Singh @ Son h @ Gori and Prabhjot @ Prab t of bail. It is, thus, argued th tus report has been filed. Learne f the petitioner at the spot wa ment of the co-accused. For co the matter, his custodial interro petition does not deserve to be a of them fired in the air. They her house. On clamour being istration of FIR, investigation n, the petitioner was nominated oved an application for grant of e Court of Learned Additional 09.2025. r the petitioner that he has been ed in the FIR. His implication is co-accused Sarabjit Singh which n evidence. Moreover, his name lf years after the occurrence. No He is ready to join investigation. recovery is to be effected from nu, Rashpal Singh @ Ghuddu, bhjeet Kaur have already been that the petition deserves to be ed State counsel has argued that as established on the basis of onducting proper and thorough ogation is must. It is, therefore, allowed. y g n d f l n s h e o . m , n e t f h , AMIT SHARMA 2026.05.15 13:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-23087- 5. This C for the parties at co 6. The membership of thereof is further damaged her hou has been attribu against the petiti considered opinio required. Even ot conviction sentenc ordered to be adm surrender before t 10 days from tod subsequently, as a surety bonds to th also not tamper w any witness acqua leave the country, permission from t No., Passport No Court and shall al Section 482(2) of -2026 (O&M) 3 This Court has heard the rival submis es at considerable length. e petitioner alongwith the co-acc an unlawful assembly and in r alleged to have entered inside th usehold articles. He was not nam uted to him. Given the nature petitioner and the above discussed opinion that the pre-trial incarcerat ven otherwise, pre-trial incarceration s entencing. Accordingly, the petition e admitted to bail subject to the con efore the Investigating Officer/Arresti m today and shall join investigation y, as and when required and subject to s to the satisfaction of the Investigat per with any evidence, will not pressu acquainted with the facts and circum untry, during investigation and trial of rom the trial Court, shall disclose th rt No., cellphone No., while furnish hall also abide by all the terms and c (2) of BNSS. ubmissions made by learned counsel cused is alleged to have formed prosecution of common object he house of the complainant and med in the FIR. No specific act ature of the allegations as levelled cussed facts, this Court is of the arceration of the petitioner is not ation should not be a replica of post- tition is allowed and the petitioner is e condition that the petitioner shall Arresting Officer within a period of igation within that period and also ject to furnishing personal as well as estigating/Arresting Officer. He will pressurize, induce, extend threats to circumstances of the case, will not trial of the case, except after seeking lose the details of his Aadhar Card furnishing bond to the learned trial s and conditions as envisaged under unsel d t d t elled the not - er is shall d of also ell as will ts to l not king Card trial nder AMIT SHARMA 2026.05.15 13:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-23087- 7. It is, be construed as an and shall not influ 8. Since any, is rendered in 15.05.2026 Amit Sharma -2026 (O&M) 4 It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned: Whether reportable:- Yes/No e observations made above shall not this Court on the merits of the case ial in any manner. allowed, pending application, if (MANISHA BATRA) JUDGE oned:- Yes/No es/No l not case n, if AMIT SHARMA 2026.05.15 13:04 I attest to the accuracy and integrity of this order/judgment.