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2023 DAILYLAW 4988 (PNJ)

HARBHAJAN LAL ALIAS HARBHAJAN AND ANOTHER v. STATE OF PUNJAB

CRM-M/24260/2026 · 2026-05-07

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-24260 IN THE HIGH COURT OF PUNJAB & HARYANA 224 HARBHAJAN LAL ALIAS HARBHAJAN AND ANOTHER STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Neeraj Yadav, for the petitioner Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case under Sections 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, 2023 added lateron but re removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Amritsar 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.0032 dated 14.02.2026, registered under Sections 24260-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: HARBHAJAN LAL ALIAS HARBHAJAN AND ANOTHER Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Neeraj Yadav, Advocate for the petitioners. Ms. Amrit Kaur Mahir, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.0032 dated 14.02.2026, registered under Sections 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, 2023 added lateron but removed on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Amritsar On 30.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.0032 dated 14.02.2026, registered under Sections IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-24260-2026 Date of decision: 07.05.2026 HARBHAJAN LAL ALIAS HARBHAJAN AND ANOTHER ….Petitioners ....Respondent HON'BLE 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 petitioners FIR No.0032 dated 14.02.2026, registered under Sections 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, moved on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Amritsar. 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 petitioners in case FIR No.0032 dated 14.02.2026, registered under Sections s ....Respondent of the s FIR No.0032 dated 14.02.2026, registered under Sections 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, moved on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.0032 dated 14.02.2026, registered under Sections GURPREET 2026.05.08 14:36 I attest to the accuracy and authenticity of this document. CRM-M-24260 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, 2023 ad 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Amritsar. petitioner present case. He further contends that the allegations levelled against the petitioners are false and they have no concern with the said incident. Learned counsel contends that the injuries caused on t nature and as such, Section 109 of BNS, 2023 was deleted lateron. He further contends that the investigation itself reflects inconsistency and lack of certainty as some Sections were initially added and subs effected from the petitioners. Learned counsel has further submitted that the petitioners are 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 the respondent seeks time to file status report in the matter. investigation when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, they shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction o shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 24260-2026 2 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, 2023 added lateron but removed on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Amritsar. Learned counsel for the petitioners contends that the petitioners are innocent and have been falsely implicated in the present case. He further contends that the allegations levelled against the petitioners are false and they have no concern with the said incident. Learned counsel contends that the injuries caused on the person of complainant were declared simple in nature and as such, Section 109 of BNS, 2023 was deleted lateron. He further contends that the investigation itself reflects inconsistency and lack of certainty as some Sections were initially added and subsequently deleted. No recovery is to be effected from the petitioners. Learned counsel has further submitted that the petitioners are 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. Amritpal Singh Gill, DAG, Punjab accepts notice on behalf of the respondent seeks time to file status report in the matter. Adjourned to 07.05.2026. In the meantime, the petitioners are 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, they 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 482(2) of BNSS, 2023.” 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, 2023 ded lateron but removed on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Learned counsel for the petitioners contends that the s are innocent and have been falsely implicated in the present case. He further contends that the allegations levelled against the petitioners are false and they have no concern with the said incident. Learned counsel contends that the injuries he person of complainant were declared simple in nature and as such, Section 109 of BNS, 2023 was deleted lateron. He further contends that the investigation itself reflects inconsistency and lack of certainty as some Sections were equently deleted. No recovery is to be effected from the petitioners. Learned counsel has further submitted that the petitioners are ready and willing to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Amritpal Singh Gill, DAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file status report in the matter. In the meantime, the petitioners are directed to join 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, they shall be admitted to interim bail on furnishing of bail/surety bonds to the f Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 115(2), 126(2), 190, 191 of BNS, 2023 (Section 109 of BNS, 2023 ded lateron but removed on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Learned counsel for the petitioners contends that the s are innocent and have been falsely implicated in the present case. He further contends that the allegations levelled against the petitioners are false and they have no concern with the said incident. Learned counsel contends that the injuries he person of complainant were declared simple in nature and as such, Section 109 of BNS, 2023 was deleted lateron. He further contends that the investigation itself reflects inconsistency and lack of certainty as some Sections were equently deleted. No recovery is to be effected from the petitioners. Learned counsel has further submitted that the petitioners are ready and willing to join the investigation as and when called upon to do so by the On asking of the Court, Mr. Amritpal Singh Gill, DAG, State and In the meantime, the petitioners are directed to join 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, they shall be admitted to interim bail on furnishing of bail/surety bonds to the f Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section GURPREET 2026.05.08 14:36 I attest to the accuracy and authenticity of this document. CRM-M-24260 3. L the order dated the investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner no longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioners shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by Section 482(2) of the BNSS 07.05.2026 Gurpreet 24260-2026 3 Learned counsel for the petitioner the order dated 30.04.2026 passed by this Court, the investigation. Learned counsel for the State, on instructions has submitted that the petitioners have no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 30.04.2026 passed by this Court, is made absolute. The 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 earned counsel for the petitioners submits that in compliance of passed by this Court, the petitioners have joined Learned counsel for the State, on instructions from ASI Jagdeep joined the investigation and are In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The shall continue to join investigation, as and when called by the the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No submits that in compliance of joined from ASI Jagdeep are In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The shall continue to join investigation, as and when called by the the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.08 14:36 I attest to the accuracy and authenticity of this document.