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2023 DAILYLAW 4130 (PNJ)

MANDEEP SINGH v. STATE OF PUNJAB

CRM-M/13383/2026 · 2026-03-30

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-13383 IN THE HIGH COURT OF PUNJAB & HARYANA 218 MANDEEP SINGH STATE OF PUNJAB CORAM:- HON'BLE Present:- M Mr. Jugraj S. Chouhan, for the petitioner. Mr. Rahul Jindal, 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 seek anticipatory bail in case Sections 115(2), 126(2), 132, 121(1) and 221 2023, at Police Station Sadar Ahmedgarh, District Malerkotla 2. On the BNSS, 2023 is for grant of antic in case FIR No.77 dated 21.06.2025 registered under Sections 115(2), 126(2), 132, 121(1) and 221 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Ahmedgarh, District Malerkotla. 13383-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: MANDEEP SINGH Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Gaurav Vir Singh Behl, Advocate and Mr. Jugraj S. Chouhan, Advocate for the petitioner. Mr. Rahul Jindal, 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 seek anticipatory bail in case FIR No.77 dated 21.06.2025 registered under Sections 115(2), 126(2), 132, 121(1) and 221 2023, at Police Station Sadar Ahmedgarh, District Malerkotla On 11.03.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of antic in case FIR No.77 dated 21.06.2025 registered under Sections 115(2), 126(2), 132, 121(1) and 221 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Ahmedgarh, District Malerkotla. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13383-2026 Date of decision: 30.03.2026 ….Petitioner ....Respondent MS. JUSTICE RUPINDERJIT CHAHAL r. Gaurav Vir Singh Behl, Advocate and Advocate Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.77 dated 21.06.2025 registered under Sections 115(2), 126(2), 132, 121(1) and 221 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Ahmedgarh, District Malerkotla. following order was passed by this Court: - 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.77 dated 21.06.2025 registered under Sections 115(2), 126(2), 132, 121(1) and 221 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Ahmedgarh, District ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.77 dated 21.06.2025 registered under of the Bharatiya Nyaya Sanhita, Prayer in the present petition filed under Section 482 of ipatory bail to the petitioner in case FIR No.77 dated 21.06.2025 registered under Sections 115(2), 126(2), 132, 121(1) and 221 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Ahmedgarh, District GURPREET 2026.04.01 18:50 I attest to the accuracy and authenticity of this document. CRM-M-13383 petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the petitioner is mentally retarded person being patient of depressive psychosis and is under treatement since 2 criminal law cannot be set into motion against a mentally retarded person. To buttress his argument, he has relied upon a decision of the Hon'ble Supreme Court in the case of 'Sharda Prasad Vs. State of Bihar', (1977) 4 SCC 471. He f that if the contents of the FIR are taken to be true, the only allegation against the petitioner is that he tore the uniform of the complainant and gave soti blows on the non body. He further argued that Section 115(2) of B by the prosecution only to make the offence graver. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. Learned counsel has further submitted that the petitioner is willing to join the investigation as and when called upon to do so by the investigating agency. Punjab, accepts notice on behalf of respondent time to file status investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In th 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 482(2) of BNSS, 2023. 13383-2026 2 Learned counsel for the petitioner petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the petitioner is mentally retarded person being patient of depressive psychosis and is under treatement since 2 criminal law cannot be set into motion against a mentally retarded person. To buttress his argument, he has relied upon a decision of the Hon'ble Supreme Court in the case of 'Sharda Prasad Vs. State of Bihar', (1977) 4 SCC 471. He f that if the contents of the FIR are taken to be true, the only allegation against the petitioner is that he tore the uniform of the complainant and gave soti blows on the non body. He further argued that Section 115(2) of B by the prosecution only to make the offence graver. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. Learned counsel has further submitted that the petitioner is willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent time to file status report in the matter. Adjourned to 30.03.2026. 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 th 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 482(2) of BNSS, 2023.” Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the petitioner is mentally retarded person being patient of depressive psychosis and is under treatement since 2017. He submitted that criminal law cannot be set into motion against a mentally retarded person. To buttress his argument, he has relied upon a decision of the Hon'ble Supreme Court in the case of 'Sharda Prasad Vs. State of Bihar', (1977) 4 SCC 471. He further argued that if the contents of the FIR are taken to be true, the only allegation against the petitioner is that he tore the uniform of the complainant and gave soti blows on the non-vital parts of his body. He further argued that Section 115(2) of BNS was added by the prosecution only to make the offence graver. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent-State and seeks report in the matter. 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 submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the petitioner is mentally retarded person being patient of depressive 017. He submitted that criminal law cannot be set into motion against a mentally retarded person. To buttress his argument, he has relied upon a decision of the Hon'ble Supreme Court in the case of 'Sharda urther argued that if the contents of the FIR are taken to be true, the only allegation against the petitioner is that he tore the uniform of the vital parts of his NS was added by the prosecution only to make the offence graver. Moreover, the petitioner has clean antecedents as he is not involved in any other case and no recovery is to be effected from him. Learned ready and willing to join the investigation as and when called upon to do so On asking of the Court, Mr. Ravinder Singh, DAG, State and seeks 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 e 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 GURPREET 2026.04.01 18:50 I attest to the accuracy and authenticity of this document. CRM-M-13383 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 4. Learned counsel for the State, on instructions Gurpreet Kaur, and is no longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioner shall Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS 30.03.2026 Gurpreet 13383-2026 3 Learned counsel for the petitioner submits that in compliance of the order dated 11.03.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions Gurpreet Kaur, has submitted that the petitioner ha no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 11.03.2026 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 Inspector at the petitioner has joined the investigation no longer required for further investigation. In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE Yes/No Learned counsel for the petitioner submits that in compliance of joined the of Inspector joined the investigation In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.01 18:50 I attest to the accuracy and authenticity of this document.