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2023 DAILYLAW 5118 (PNJ)

PARMINDER JIT KAUR AND ANR v. STATE OF PUNJAB

CRM-M/19403/2026 · 2026-04-28

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-19403 IN THE HIGH COURT OF PUNJAB & HARYANA 222 PARMINDER JIT KAUR AND ANR STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Parvinder Singh, for the petitioner Ms. Amrit Kaur Mahir, AAG, Punjab Mr. Narinder S. Lucky, 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 petitioners seek anticipatory bail in case Sections 303 (2), 324(4), 326(e), 329(3) of Balachaur, District Shaheed Bhagat Singh Nagar 2. On the BNSS, 2023 is for grant of anticipatory bai in case FIR No.38 dated 26.03.2026, registered under Sections 303 (2), 324(4), 326(e), 329(3) of BNS, 2023, at Police Station City Balachaur, District Shaheed Bhagat Singh Nagar. 19403-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: PARMINDER JIT KAUR AND ANR Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Parvinder Singh, Advocate for the petitioners. Ms. Amrit Kaur Mahir, AAG, Punjab Mr. Narinder S. Lucky, 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 petitioners seek anticipatory bail in case FIR No.38 dated 26.03.2026, registered under Sections 303 (2), 324(4), 326(e), 329(3) of BNS, 2023, at Police Station City Balachaur, District Shaheed Bhagat Singh Nagar On 09.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bai in case FIR No.38 dated 26.03.2026, registered under Sections 303 (2), 324(4), 326(e), 329(3) of BNS, 2023, at Police Station City Balachaur, District Shaheed Bhagat Singh Nagar. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-19403-2026 Date of decision: 28.04.2026 ….Petitioners ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Ms. Amrit Kaur Mahir, AAG, Punjab. Advocate Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners FIR No.38 dated 26.03.2026, registered under BNS, 2023, at Police Station City Balachaur, District Shaheed Bhagat Singh Nagar. 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.38 dated 26.03.2026, registered under Sections 303 (2), 324(4), 326(e), 329(3) of BNS, 2023, at Police Station City Balachaur, District Shaheed Bhagat Singh Nagar. s ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners FIR No.38 dated 26.03.2026, registered under BNS, 2023, at Police Station City Prayer in the present petition filed under Section 482 of l to the petitioners in case FIR No.38 dated 26.03.2026, registered under Sections 303 (2), 324(4), 326(e), 329(3) of BNS, 2023, at Police Station GURPREET 2026.04.29 16:31 I attest to the accuracy and authenticity of this document. CRM-M-19403 pe present case. He further contends that the petitioners have no concern with the said offence and the allegations levelled against them are vague. Learned counsel contends that there are allegat pillars is not mentioned. He further contends that the complainant has filed false complaints in order to pressurize the petitioners to withdraw the civil suit. He further contends that petitioner No petitioner No.2 is agriculturist and both of them have clean antecedents as they are not involved in any other case and are ready and willing to join the investigation as and when called upon to do so by th that the instant petition be allowed. Punjab accepts notice on behalf of the respondent seeks time to file reply/status report. 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, th 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. 3. Learned counsel for th the order dated the investigation. 19403-2026 2 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 petitioners have no concern with the said offence and the allegations levelled against them are vague. Learned counsel contends that there are allegations regarding uprooting of pillars but the value of the pillars is not mentioned. He further contends that the complainant has filed false complaints in order to pressurize the petitioners to withdraw the civil suit. He further contends that petitioner No.1 is household widow aged about 65 years whereas petitioner No.2 is agriculturist and both of them have clean antecedents as they are not involved in any other case and are ready and willing to join the investigation as and when called upon to do so by the investigating agency. Therefore, it is urged that the instant petition be allowed. Notice of motion. At the asking of the Court, Mr. Ravinder Singh, DAG, Punjab accepts notice on behalf of the respondent seeks time to file reply/status report. Adjourned to 28.04.2026. 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, th 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.” Learned counsel for the petitioner the order dated 09.04.2026 passed by this Court, the petitioner the investigation. Learned counsel for the petitioners contends that the titioners are innocent and have been falsely implicated in the present case. He further contends that the petitioners have no concern with the said offence and the allegations levelled against them are vague. Learned counsel contends that there are ions regarding uprooting of pillars but the value of the pillars is not mentioned. He further contends that the complainant has filed false complaints in order to pressurize the petitioners to withdraw the civil suit. He further contends that .1 is household widow aged about 65 years whereas petitioner No.2 is agriculturist and both of them have clean antecedents as they are not involved in any other case and are ready and willing to join the investigation as and when called e investigating agency. Therefore, it is urged that the instant petition be allowed. At the asking of the Court, Mr. Ravinder Singh, DAG, Punjab accepts notice on behalf of the respondent-State. He seeks time to file reply/status report. 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 e petitioners submits that in compliance of passed by this Court, the petitioners have joined Learned counsel for the petitioners contends that the titioners are innocent and have been falsely implicated in the present case. He further contends that the petitioners have no concern with the said offence and the allegations levelled against them are vague. Learned counsel contends that there are ions regarding uprooting of pillars but the value of the pillars is not mentioned. He further contends that the complainant has filed false complaints in order to pressurize the petitioners to withdraw the civil suit. He further contends that .1 is household widow aged about 65 years whereas petitioner No.2 is agriculturist and both of them have clean antecedents as they are not involved in any other case and are ready and willing to join the investigation as and when called e investigating agency. Therefore, it is urged At the asking of the Court, Mr. Ravinder Singh, DAG, State. He 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 ey 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 submits that in compliance of joined GURPREET 2026.04.29 16:31 I attest to the accuracy and authenticity of this document. CRM-M-19403 4. Learned counsel for the State, on instructions Chand, has submitted that the petitioner no longer required for further investigation. 5. Learned counsel appearing for the complainant submits that the offence committed by petitioner grant of bail to the petitioner 6. 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 ab Section 482(2) of the BNSS 28.04.2026 Gurpreet 19403-2026 3 Learned counsel for the State, on instructions has submitted that the petitioners have no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioners is serious in nature and hence, opposes the grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 09.04.2026 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 Learned counsel for the State, on instructions from ASI Lakhvir ve joined the investigation and are Learned counsel appearing for the complainant submits that the 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 shall continue to join investigation, as and when called by the ide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No from ASI Lakhvir are Learned counsel appearing for the complainant submits that the 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 shall continue to join investigation, as and when called by the ide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.29 16:31 I attest to the accuracy and authenticity of this document.