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High Court of Punjab and Haryana · body

2023 DAILYLAW 3941 (PNJ)

AVI SHARMA v. STATE OF PUNJAB

CRM-M/15937/2026 · 2026-04-22

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-15937 IN THE HIGH COURT OF PUNJAB & HARYANA 209 AVI SHARMA STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. Sumit Dua, for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case Section 111(3) of the Bharatiya Nyaya Sanhit Arms Act, at Police Station City Banga, District Nawanshahr (SBS Nagar) 2. On the BNSS, 2023 is for grant in case FIR No.09 dated 20.01.2026 registered under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, at Police Station City Banga, District Nawanshahr (SBS Nagar). petitioner has been falsely implicated in the present case and he 15937-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: AVI SHARMA Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Sumit Dua, Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.09 dated 20.01.2026 registered under Section 111(3) of the Bharatiya Nyaya Sanhit Arms Act, at Police Station City Banga, District Nawanshahr (SBS Nagar) On 07.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.09 dated 20.01.2026 registered under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, at Police Station City Banga, District Nawanshahr (SBS Nagar). Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15937-2026 Date of decision: 22.04.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL Ms. Amrit Kaur Mahir, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.09 dated 20.01.2026 registered under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, at Police Station City Banga, District Nawanshahr (SBS Nagar). following order was passed by this Court: - Prayer in the present petition filed under Section 482 of of anticipatory bail to the petitioner in case FIR No.09 dated 20.01.2026 registered under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, at Police Station City Banga, District Nawanshahr or the petitioner has submitted that the petitioner has been falsely implicated in the present case and he ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.09 dated 20.01.2026 registered under a, 2023 and Section 25 of the Prayer in the present petition filed under Section 482 of of anticipatory bail to the petitioner in case FIR No.09 dated 20.01.2026 registered under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, at Police Station City Banga, District Nawanshahr or the petitioner has submitted that the petitioner has been falsely implicated in the present case and he GURPREET 2026.04.23 16:18 I attest to the accuracy and authenticity of this document. CRM-M-15937 has no concern with the said offence. He further submitted that the present FIR was registered by the police officials on the basis of secret informa member of one Lakhwinder @ Matru gang and indulged in various criminal activities, which has no evidentiary value in the eyes of law. He argued that the petitioner was intentionally named in the FIR only on the ba concrete evidence. He argued that the petitioner has even not been named by co in their disclosure statement. Further, these co already been granted the concession of re learned trial Court. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. status report in the matter, which is taken on record and while referring to the anticipatory bail, by submitting that the allegations levelled against the named in the FIR. He has further submitted that the petitioner is involved in three more cases meaning thereby he is a habitual offender. investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 15937-2026 2 has no concern with the said offence. He further submitted that the present FIR was registered by the police officials on the basis of secret information who informed that the petitioner is a member of one Lakhwinder @ Matru gang and indulged in various criminal activities, which has no evidentiary value in the eyes of law. He argued that the petitioner was intentionally named in the FIR only on the ba concrete evidence. He argued that the petitioner has even not been named by co-accused Tejvir Singh @ Teja and Jasvir Singh in their disclosure statement. Further, these co already been granted the concession of re learned trial Court. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature and he is specifically named in the FIR. He has further submitted that the petitioner is involved in three more cases meaning thereby he is a habitual offender. Adjourned to 22.04.2026. In the meantime, the petitioner is d investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” has no concern with the said offence. He further submitted that the present FIR was registered by the police officials on the basis tion who informed that the petitioner is a member of one Lakhwinder @ Matru gang and indulged in various criminal activities, which has no evidentiary value in the eyes of law. He argued that the petitioner was intentionally named in the FIR only on the basis of suspicion without any concrete evidence. He argued that the petitioner has even not accused Tejvir Singh @ Teja and Jasvir Singh in their disclosure statement. Further, these co-accused have already been granted the concession of regular bail by the learned trial Court. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled petitioner are serious in nature and he is specifically named in the FIR. He has further submitted that the petitioner is involved in three more cases meaning thereby he is a habitual In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section has no concern with the said offence. He further submitted that the present FIR was registered by the police officials on the basis tion who informed that the petitioner is a member of one Lakhwinder @ Matru gang and indulged in various criminal activities, which has no evidentiary value in the eyes of law. He argued that the petitioner was intentionally sis of suspicion without any concrete evidence. He argued that the petitioner has even not accused Tejvir Singh @ Teja and Jasvir Singh accused have gular bail by the learned trial Court. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled petitioner are serious in nature and he is specifically named in the FIR. He has further submitted that the petitioner is involved in three more cases meaning thereby he is a habitual irected to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section GURPREET 2026.04.23 16:18 I attest to the accuracy and authenticity of this document. CRM-M-15937 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required for further 5. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and Section 482(2) of the BNSS 22.04.2026 Gurpreet 15937-2026 3 Learned counsel for the petitioner submits that in compliance of the order dated 07.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 07.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Learned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions of ASI Jaswinder joined the investigation and is no In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No Learned counsel for the petitioner submits that in compliance of joined the of ASI Jaswinder no In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.23 16:18 I attest to the accuracy and authenticity of this document.