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2023 DAILYLAW 4299 (PNJ)

SALMAN v. STATE OF PUNJAB

CRM-M/16749/2026 · 2026-04-30

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-16749 IN THE HIGH COURT OF PUNJAB & HARYANA 218(2) SALMAN STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. Vipan Kumar Sharma, for the petitioner Mr. Rahul Jindal, AAG, Punjab. Mr. S.K. Rohilla, for the complainant. ***** 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 Sections 333, 118(1), 115(2), 191(3) and 190 2023 (Section 118(2) of the BNS added later on), at Police Station Kartarpur, District Jalandhar 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.98 dated 28.07.2024 registered under Sections 333, 118(1), 115(2), 191(3) and 190 of the Bharatiya Nyaya 16749-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Vipan Kumar Sharma, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. S.K. Rohilla, Advocate for the complainant. ***** 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.98 dated 28.07.2024 registered under Sections 333, 118(1), 115(2), 191(3) and 190 2023 (Section 118(2) of the BNS added later on), at Police Station Kartarpur, District Jalandhar Rural, Punjab. On 01.04.2026, the following order “Prayer in the present petition filed under the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.98 dated 28.07.2024 registered under Sections 333, 118(1), 115(2), 191(3) and 190 of the Bharatiya Nyaya IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16749-2026 Date of decision: 30.04.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL Advocate, Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.98 dated 28.07.2024 registered under of the Bharatiya Nyaya Sanhita, 2023 (Section 118(2) of the BNS added later on), at Police Station Kartarpur, 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.98 dated 28.07.2024 registered under Sections 333, 118(1), 115(2), 191(3) and 190 of the Bharatiya Nyaya ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.98 dated 28.07.2024 registered under of the Bharatiya Nyaya Sanhita, 2023 (Section 118(2) of the BNS added later on), at Police Station Kartarpur, Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.98 dated 28.07.2024 registered under Sections 333, 118(1), 115(2), 191(3) and 190 of the Bharatiya Nyaya GURPREET 2026.05.01 16:48 I attest to the accuracy and authenticity of this document. CRM-M-16749 Sanhita, 2023 (Section 118(2) of the BNS added later o Police Station Kartarpur, District Jalandhar. petitioner has been falsely implicated in the present case and he has no concern with the said incident. He argued that the alleged occurrence to registered on 28.07.2024 i.e. after an unexplained delay of 07 days, casting serious doubt on the prosecution story. He argued that the petitioner was not even present on the spot at the time of commission the FIR are taken to be true, even then the injury attributed to the petitioner is on the non between the thumb and first finger of right hand. He further arg only to make the offence graver. He further submitted that the petitioner and the complainant have amicably resolved their dispute and entered into a compromise (Annexure P recovery is to b 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. Punjab, accepts notice on behalf of respondent time to file status report in the matter. appearance on behalf of the complainant and filed his Memo of Appearance, which is tak compromise and submits that he has no objection if the present petition is allowed. investigation within a week from today and would appear when required by the Investigating Officer and cooperate with 16749-2026 2 Sanhita, 2023 (Section 118(2) of the BNS added later o Police Station Kartarpur, District Jalandhar. 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 alleged occurrence took place on 21.07.2024 but the FIR in question was registered on 28.07.2024 i.e. after an unexplained delay of 07 days, casting serious doubt on the prosecution story. He argued that the petitioner was not even present on the spot at the time of commission of offence. He further argued that if the contents of the FIR are taken to be true, even then the injury attributed to the petitioner is on the non-vital part of the body of complainant i.e. between the thumb and first finger of right hand. He further argued that Section 118(2) of BNS was added by the prosecution only to make the offence graver. He further submitted that the petitioner and the complainant have amicably resolved their dispute and entered into a compromise (Annexure P 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. Notice of motion. On asking of the Court, Mr. Ravinder Punjab, accepts notice on behalf of respondent time to file status report in the matter. At this stage, Mr. S.K. Rohilla, Advocate has put in appearance on behalf of the complainant and filed his Memo of Appearance, which is taken on record. He affirms the factum of compromise and submits that he has no objection if the present petition is allowed. Adjourned to 18.04.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear when required by the Investigating Officer and cooperate with Sanhita, 2023 (Section 118(2) of the BNS added later on), at Police Station Kartarpur, District Jalandhar. 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 alleged ok place on 21.07.2024 but the FIR in question was registered on 28.07.2024 i.e. after an unexplained delay of 07 days, casting serious doubt on the prosecution story. He argued that the petitioner was not even present on the spot at the time of of offence. He further argued that if the contents of the FIR are taken to be true, even then the injury attributed to the vital part of the body of complainant i.e. between the thumb and first finger of right hand. He further ued that Section 118(2) of BNS was added by the prosecution only to make the offence graver. He further submitted that the petitioner and the complainant have amicably resolved their dispute and entered into a compromise (Annexure P-3). No e 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 On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to file status report in the matter. At this stage, Mr. S.K. Rohilla, Advocate has put in appearance on behalf of the complainant and filed his Memo of en on record. He affirms the factum of compromise and submits that he has no objection if the present 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 n), at 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 alleged ok place on 21.07.2024 but the FIR in question was registered on 28.07.2024 i.e. after an unexplained delay of 07 days, casting serious doubt on the prosecution story. He argued that the petitioner was not even present on the spot at the time of of offence. He further argued that if the contents of the FIR are taken to be true, even then the injury attributed to the vital part of the body of complainant i.e. between the thumb and first finger of right hand. He further ued that Section 118(2) of BNS was added by the prosecution only to make the offence graver. He further submitted that the petitioner and the complainant have amicably resolved their 3). No e 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 Singh, DAG, State and seeks At this stage, Mr. S.K. Rohilla, Advocate has put in appearance on behalf of the complainant and filed his Memo of en on record. He affirms the factum of compromise and submits that he has no objection if the present In the meantime, the petitioner is directed to join as and when required by the Investigating Officer and cooperate with GURPREET 2026.05.01 16:48 I attest to the accuracy and authenticity of this document. CRM-M-16749 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 petit shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. However, the petitioner could not join the investigation and prayed for another opportunity dated 18.04.2026. 4. Le the orders dated petitioner has joined the investigation. 5. Learned counsel for the State, on instructions Ramandeep Singh, investigation and 6. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes grant of bail to the petitioner 7. 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 shall also abide by the conditions as provided under Section 482(2) of the BNSS 30.04.2026 Gurpreet 16749-2026 3 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 petit shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” However, the petitioner could not join the investigation and prayed for another opportunity, which was granted .04.2026. Learned counsel for the petitioner submits that in compliance of dated 01.04.2026 and 18.04.2026 joined the investigation. Learned counsel for the State, on instructions Ramandeep Singh, has submitted that the petitioner ha investigation and is no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 01.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the stigating 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 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 However, the petitioner could not join the investigation and which was granted by this Court vide order arned counsel for the petitioner submits that in compliance of and 18.04.2026 passed by this Court, the Learned counsel for the State, on instructions from Insp. has submitted that the petitioner has joined the no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the 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 stigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the ioner shall also abide by the conditions as envisaged under Section However, the petitioner could not join the investigation and vide order arned counsel for the petitioner submits that in compliance of passed by this Court, the from Insp. joined the Learned counsel appearing for the complainant submits that the the 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 stigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.01 16:48 I attest to the accuracy and authenticity of this document.