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High Court of Punjab and Haryana · body

2023 DAILYLAW 5010 (PNJ)

BANWARI LAL v. STATE OF PUNJAB

CRM-M/13687/2026 · 2026-04-23

Kirti Singh

body2023

Judgment text

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CRM-M-13687 IN THE HIGH COURT OF PUNJAB AND HARYANA 201 BANWARI LAL STATE OF PUNJAB CORAM : HON'BLE MS. JUSTICE Present: Mr. for the petitioner Mr. Ms. Pavneet Kaur, Advocate for Mr. A.K. Khunger KIRTI SINGH, J. (ORAL) 1. Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ anticipatory bail to the petitioner, in case FIR No. under Section 80(2) Station Bahawala 2. Vide order 12.03.2026, the petitioner w portion of the said order is reproduced hereinafter: 13687-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13687 Date of Decision: BANWARI LAL VERSUS STATE OF PUNJAB HON'BLE MS. JUSTICE KIRTI SINGH Mr. Lajwant Singh Virk, Advocate for the petitioner. r. Yadwinder Singh, AAG, Punjab. s. Pavneet Kaur, Advocate for Mr. A.K. Khunger, Advocate for the complainant. , J. (ORAL) Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ anticipatory bail to the petitioner, in case FIR No. 80(2) of BNS, 2023 (Section 304B IPC) Bahawala, District Fazilka. Vide order of the coordinate Bench of this , the petitioner was directed to join investigation. The said order is reproduced hereinafter: “ xxxxxx Petitioner-Banwari Lal, who is grand father of the husband of the victim has filed instant petition under Section 482 of BNSS, 2023, for grant of anticipatory bail in FIR No.0009 dated 15.01.2026, under Section 80(2) of BNS, 2023(Section 304B IPC) registered at Police Station Bahawala, District Fazilka, Punjab. Learned counsel representing the petitioner denied the allegations regarding demand of dowry. It is pointed out that sister of the husband was married to the brother of the victim. Therefore, there was no question of raising IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 13687-2026 (O&M) Date of Decision: 23.04.2026 … PETITIONER ....RESPONDENT KIRTI SINGH Yadwinder Singh, AAG, Punjab. , Advocate for the complainant. Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner, in case FIR No.0009 dated 15.01.2026, (Section 304B IPC), registered at Police coordinate Bench of this Court dated directed to join investigation. The relevant said order is reproduced hereinafter:- Banwari Lal, who is grand father of the husband of the victim has filed instant petition under Section 482 of BNSS, 2023, for grant of anticipatory bail in FIR No.0009 dated 15.01.2026, under Section 80(2) of BNS, 2023(Section 304B IPC) registered at Police Station Bahawala, District Fazilka, Learned counsel representing the petitioner denied the allegations dowry. It is pointed out that sister of the husband was married to the brother of the victim. Therefore, there was no question of raising SWARNJIT SINGH 2026.04.23 17:08 I attest to the accuracy and integrity of this document CRM-M-13687 3. Status report by way of affidavit of Amandeep Singh, PPS, DSP, Abohar (Rural), District Fazilka filed by the learned State counsel is taken on record. Copy of the same has been furnished to the learned the petitioner. Learned State counsel submits that the during investigation, innocent. 4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated made absolute, subject to the condition enumerated under Section 482(2) BNSS. 5. This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned other incident that involves co 6. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 13687-2026 (O&M) -2- demand for more dowry. Learned counsel for the petitioner referred to Annexure P/5, vernacular in Hindi is also placed wanted to marry somebody else and this marriage was performed against her wishes. For this reason, the victim was having grievance towards her own family. Petitioner had no connection with the matrimonial life of th and willing to join the investigation. Notice of motion. On advance notice, Mr. J.S.Rattu, DAG, Punjab appears and accepts notice on behalf of respondent-State. Learned counsel representing the State of Punjab prays for adjournment to file detailed status report. He is also directed to verify the document(s) (Annexure P-5) relied upon by the petitioner as to the same was taken into police possession or not. Adjourned to 08.04.2026, for filing status report. The complainant be also intimated through concerned Station House Officer about the pendency of the present anticipatory bail petition. Considering the aforesaid factual position, for the time being the arrest of the petitioner is stayed, subject to joining of investigation. tatus report by way of affidavit of Amandeep Singh, PPS, DSP, Abohar (Rural), District Fazilka filed by the learned State counsel is taken Copy of the same has been furnished to the learned Learned State counsel, while relying upon the status report, the petitioner has joined the investigation during investigation, the petitioner and the co-accused Suman were Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 12.03.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 demand for more dowry. Learned counsel for the petitioner referred to Annexure- P/5, vernacular in Hindi is also placed on record to show that, in fact, victim wanted to marry somebody else and this marriage was performed against her wishes. For this reason, the victim was having grievance towards her own family. Petitioner had no connection with the matrimonial life of the victim. He is ready On advance notice, Mr. J.S.Rattu, DAG, Punjab appears and accepts Learned counsel representing the State of Punjab prays for adjournment to file detailed status report. He is also directed to verify the document(s) 5) relied upon by the petitioner as to the same was taken into police Adjourned to 08.04.2026, for filing status report. intimated through concerned Station House Officer about the pendency of the present anticipatory bail petition. Considering the aforesaid factual position, for the time being the arrest of the petitioner is stayed, subject to joining of investigation.” tatus report by way of affidavit of Amandeep Singh, PPS, DSP, Abohar (Rural), District Fazilka filed by the learned State counsel is taken Copy of the same has been furnished to the learned counsel for , while relying upon the status report, joined the investigation on 13.03.2026 and accused Suman were declared Having considered the aforesaid facts and circumstances, the passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall and will not operate in respect of any mmission of an offence. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 SWARNJIT SINGH 2026.04.23 17:08 I attest to the accuracy and integrity of this document CRM-M-13687 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause. 7. Pending miscellaneous application(s), if any, also stands disposed of. 23.04.2026 SwarnjitS Whether speaking/reasoned Whether reportable 13687-2026 (O&M) -3- (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, nder Section 482(2) BNSS, or upon showing any other sufficient Pending miscellaneous application(s), if any, also stands Whether speaking/reasoned Yes/No Whether reportable Yes/No (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, nder Section 482(2) BNSS, or upon showing any other sufficient Pending miscellaneous application(s), if any, also stands (KIRTI SINGH) JUDGE SWARNJIT SINGH 2026.04.23 17:08 I attest to the accuracy and integrity of this document