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High Court of Punjab and Haryana · body

2023 DAILYLAW 4450 (PNJ)

JATINDER SINGH v. STATE OF PUNJAB

CRM-M/13815/2026 · 2026-05-05

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-13815 IN THE HIGH COURT OF PUNJAB & HARYANA 211 JATINDER SINGH STATE OF PUNJAB CORAM:- HON'BLE Present:- Mr. Viney Kumar, Mr. Parth Sharma, 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 Sections 308, 323, 148, 149 and 379 IPC at Amritsar. 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.0248 date 308, 323, 148, 149 and 379 IPC at Police Station Civil Lines, Amritsar. 13815-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: JATINDER SINGH Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Viney Kumar, Advocate, Mr. Parth Sharma, 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.0248 dated 10.08.2022 registered under Sections 308, 323, 148, 149 and 379 IPC at On 27.04.2026, 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.0248 dated 10.08.2022 registered under Sections 308, 323, 148, 149 and 379 IPC at Police Station Civil Lines, Amritsar. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13815-2026 Date of decision: 05.05.2026 ….Petitioner ....Respondent MS. 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.0248 dated 10.08.2022 registered under Sections 308, 323, 148, 149 and 379 IPC at Police Station Civil Lines, 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 d 10.08.2022 registered under Sections 308, 323, 148, 149 and 379 IPC at Police Station Civil Lines, ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.0248 dated 10.08.2022 registered under Police Station Civil Lines, Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner d 10.08.2022 registered under Sections 308, 323, 148, 149 and 379 IPC at Police Station Civil Lines, GURPREET 2026.05.06 16:04 I attest to the accuracy and authenticity of this document. CRM-M-13815 petitioner has been falsely implicated in the present case. He further submits that the peti even if the contents of the FIR are taken to be true, the injury attributed to the present petitioner is declared simple in nature. He further submits that the only allegation against the petitioner is that he instigated complainant. He contends that the unexplained delay of 2% days in lodging the FIR raises doubt about the prosecution story and suggests that the facts have been changed. He further contends that no Test Identification identity of the petitioner. He further submits that no recovery is to be effected from the petitioner. He submits that the petitioner has clean antecedents as he is not involved in any other case. Learned counsel has ready and willing to join the investigation as and when called upon to do so by the investigating agency. status report in the matter and while referring to report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature involving criminal intimidation. 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 bon satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 13815-2026 2 Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further submits that the petitioner was not named in the FIR and even if the contents of the FIR are taken to be true, the injury attributed to the present petitioner is declared simple in nature. He further submits that the only allegation against the petitioner is that he instigated the co-accused persons to assault the complainant. He contends that the unexplained delay of 2% days in lodging the FIR raises doubt about the prosecution story and suggests that the facts have been changed. He further contends that no Test Identification Parade was conducted to establish the identity of the petitioner. He further submits that no recovery is to be effected from the petitioner. He submits that the petitioner has clean antecedents as he is not involved in any other case. 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 and while referring to report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature involving criminal intimidation. List on 05.05.2026. In the meantime, the petitioner is direc 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 bon satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He tioner was not named in the FIR and even if the contents of the FIR are taken to be true, the injury attributed to the present petitioner is declared simple in nature. He further submits that the only allegation against the petitioner accused persons to assault the complainant. He contends that the unexplained delay of 2% days in lodging the FIR raises doubt about the prosecution story and suggests that the facts have been changed. He further contends Parade was conducted to establish the identity of the petitioner. He further submits that no recovery is to be effected from the petitioner. He submits that the petitioner has clean antecedents as he is not involved in any other case. 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 and while referring to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature involving criminal intimidation. 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 petitioners shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He tioner was not named in the FIR and even if the contents of the FIR are taken to be true, the injury attributed to the present petitioner is declared simple in nature. He further submits that the only allegation against the petitioner accused persons to assault the complainant. He contends that the unexplained delay of 2% days in lodging the FIR raises doubt about the prosecution story and suggests that the facts have been changed. He further contends Parade was conducted to establish the identity of the petitioner. He further submits that no recovery is to be effected from the petitioner. He submits that the petitioner has clean antecedents as he is not involved in any other case. further submitted that the petitioner is ready and willing to join the investigation as and when called On the other hand, learned State counsel has filed the the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are ted 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 ds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section GURPREET 2026.05.06 16:04 I attest to the accuracy and authenticity of this document. CRM-M-13815 3. L the order dated investigation. 4. Learned counsel for the State, on instructions the petitioner ha investigation. 5. In interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the Section 482(2) of the BNSS 05.05.2026 Gurpreet 13815-2026 3 Learned counsel for the petitioner submits that in compliance of the order dated 27.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions the petitioner has joined the investigation and In view of the statement made by learned State counsel, the interim order dated 27.04.2026 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 Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No earned 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, has submitted that joined the investigation and is no longer required for further 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 Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No earned counsel for the petitioner submits that in compliance of joined the has submitted that no longer required for further 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 conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.06 16:04 I attest to the accuracy and authenticity of this document.