CRM-M-17894- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (204) SARWAN MASIH STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ms. Sakshi Bakshi, AAG, Punjab *** MANISHA BATRA, J. (ORAL) 1. The instant petition 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking grant of anticipatory 24.01.2026 registered under Sections 333, 118(2), 118(1), 117(2), 115(2), 324(4), 191(3), 190 of No.12 dated 21.01.2026 registered under Sections 118(2) 351(2), 191(3) and 190 of Police Station Bhindi Sa 2. The aforementioned FIR was registered recorded by the present petitioner 2.9.2025, he along with his nephew Arsh Masi dairy when the persons named therein assault upon him, thereby causing injuries with their respecti nephew Arsh Masi -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : SARWAN MASIH Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. G.S. Bawa, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab *** MANISHA BATRA, J. (ORAL) The instant petition has been filed by of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking anticipatory bail in cross-case registered vide GD No.25 and 26 dated 24.01.2026 registered under Sections 333, 118(2), 118(1), 117(2), 115(2), 324(4), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) No.12 dated 21.01.2026 registered under Sections 118(2) 351(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) Police Station Bhindi Saidan, District Amritsar Rural. The aforementioned FIR was registered recorded by the present petitioner, alleging therein that on the evening of 2.9.2025, he along with his nephew Arsh Masih dairy when the persons named therein in the FIR intercepted assault upon him, thereby causing injuries with their respecti nephew Arsh Masih too sustained injuries on their hands. After registration of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17894-2026 (O&M) Date of decision : 27.05.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA dvocate for the petitioner has been filed by the petitioner under Section of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking case registered vide GD No.25 and 26 dated 24.01.2026 registered under Sections 333, 118(2), 118(1), 117(2), 115(2), Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) in FIR No.12 dated 21.01.2026 registered under Sections 118(2), 115(2), 126(2), Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at an, District Amritsar Rural. The aforementioned FIR was registered on the basis of statement leging therein that on the evening of h, was going to deliver milk to a in the FIR intercepted him and opened an assault upon him, thereby causing injuries with their respective weapons. His too sustained injuries on their hands. After registration of under Section of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking case registered vide GD No.25 and 26 dated 24.01.2026 registered under Sections 333, 118(2), 118(1), 117(2), 115(2), in FIR , 115(2), 126(2), at on the basis of statement leging therein that on the evening of , was going to deliver milk to a him and opened an His too sustained injuries on their hands. After registration of AMIT SHARMA 2026.05.28 14:59 I attest to the accuracy and integrity of this order/judgment. CRM-M-17894- FIR, investigation proceedings have been initiated as against the persons named by the petitioner in the FIR. 3. As on 24.01.2026, the aforementioned GD No. the basis of statement recorded by Suman, wife of Manuel Masi accused in the aforementioned FIR along with his accomplices had entered inside her house on the evening of 2.9.2025, had made ex other family members. offences U/S 115 BNS were added and a Apprehending his arrest, the petitioner filed an application for anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Amritsar by order dated 12.03 4. It is argued by falsely implicated in this case. The cross DDR has been registered as a counterblast to the FIR as sustained by Manuel Masi opined to be simple in nature. interrogation is not required. ready to join investigation extended benefit of pre 5. Per contra, learned State Counsel report, has argued that the allegations against the petitioner are serious in nature, as by using a datar, he inflicted an injury on the right leg of Manuel Masi -2026 (O&M) 2 FIR, investigation proceedings have been initiated as against the persons named by the petitioner in the FIR. As on 24.01.2026, the aforementioned GD No. the basis of statement recorded by Suman, wife of Manuel Masi accused in the aforementioned FIR, alleging therein that the present petitioner along with his accomplices had entered inside her house on the evening of , had made exhortations and had caused injuries to her husband and her other family members. Then on the same day, on receipt offences U/S 115(2), 117(2), 118(1), 118(2), 324(4), 333, 191(3) and 190 of BNS were added and a cross case was registered his arrest, the petitioner filed an application for anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Amritsar 12.03.2026. It is argued by learned counsel for petitioner that he has been falsely implicated in this case. The cross DDR has been registered as a counterblast to the FIR as lodged on his complaint/ sustained by Manuel Masih, husband of the com opined to be simple in nature. The injuries are self interrogation is not required. No recovery is to be effected from him ready to join investigation. It is, therefore, nded benefit of pre-arrest bail and the petition deserves to be allowed. Per contra, learned State Counsel , has argued that the allegations against the petitioner are serious in nature, g a datar, he inflicted an injury on the right leg of Manuel Masi FIR, investigation proceedings have been initiated as against the persons named As on 24.01.2026, the aforementioned GD No. 25 was entered on the basis of statement recorded by Suman, wife of Manuel Masih, named as an alleging therein that the present petitioner along with his accomplices had entered inside her house on the evening of ortations and had caused injuries to her husband and her Then on the same day, on receipt of medico-legal report, 324(4), 333, 191(3) and 190 of was registered against the present petitioner. his arrest, the petitioner filed an application for anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Amritsar for petitioner that he has been falsely implicated in this case. The cross DDR has been registered as a lodged on his complaint/statement. The injuries , husband of the complainant in the DDR, have been injuries are self-inflicted ones. His custodial recovery is to be effected from him. He is argued that he deserves to be arrest bail and the petition deserves to be allowed. Per contra, learned State Counsel while relying upon the status , has argued that the allegations against the petitioner are serious in nature, g a datar, he inflicted an injury on the right leg of Manuel Masih and FIR, investigation proceedings have been initiated as against the persons named 25 was entered on , named as an alleging therein that the present petitioner along with his accomplices had entered inside her house on the evening of ortations and had caused injuries to her husband and her , 324(4), 333, 191(3) and 190 of . his arrest, the petitioner filed an application for anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Amritsar for petitioner that he has been falsely implicated in this case. The cross DDR has been registered as a statement. The injuries plainant in the DDR, have been inflicted ones. His custodial He is deserves to be while relying upon the status , has argued that the allegations against the petitioner are serious in nature, and AMIT SHARMA 2026.05.28 14:59 I attest to the accuracy and integrity of this order/judgment. CRM-M-17894- the said injury has been opined to be grievous in membership of unlawful assembly with the co conducting thorough and proper investiga required. It is, therefore 6. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 7. The petitioner, by with the co-accused and in prosecution of common object thereof, is alleged to have caused injuries to Manuel Masi victim Manuel Masi been caused by a sharp case for commission of subject off consideration the role played by the petitioner and the nature of the allegations as levelled against him, this court is of the considered opinion that his cust interrogation is required. anticipatory bail to an accused can be granted in exceptional circumstances only as a person couched in comparative safety of pre disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is deni loopholes and gaps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal procedure of criminal cases by the trial Court. It is well settled proposition of law th exercised by the Court in extra -2026 (O&M) 3 the said injury has been opined to be grievous in membership of unlawful assembly with the co conducting thorough and proper investigation, his custodial interrogation is therefore, argued that the petition does not deserve to be allowed This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner, by forming membership of an unlawful assembly accused and in prosecution of common object thereof, is alleged to have caused injuries to Manuel Masih. One of the injuries sustained by the victim Manuel Masih has been opined to be grievous in natur aused by a sharp-edged weapon. The allegations make out a case for commission of subject offences as against the petitioner consideration the role played by the petitioner and the nature of the allegations as levelled against him, this court is of the considered opinion that his cust interrogation is required. The case is at its nascent stage. anticipatory bail to an accused can be granted in exceptional circumstances only person couched in comparative safety of pre disclose all the facts within his knowledge. In case custodial interrogation of the petitioner is denied to the Investigating Agency, aps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal procedure of criminal cases by the trial Court. It is well settled proposition of law that the powers for grant of pre exercised by the Court in extra-ordinary and exceptional circumstances and with the said injury has been opined to be grievous in nature. He also formed membership of unlawful assembly with the co-accused. For the purpose of tion, his custodial interrogation is argued that the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel forming membership of an unlawful assembly accused and in prosecution of common object thereof, is alleged to . One of the injuries sustained by the has been opined to be grievous in nature. This injury had . The allegations make out a prima facie ences as against the petitioner. Taking into consideration the role played by the petitioner and the nature of the allegations as levelled against him, this court is of the considered opinion that his custodial he case is at its nascent stage. It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only person couched in comparative safety of pre-arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the ed to the Investigating Agency, that shall leave many glaring aps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal procedure of criminal cases by the trial Court. It is well at the powers for grant of pre-arrest bail are to be ordinary and exceptional circumstances and with He also formed For the purpose of tion, his custodial interrogation is This Court has heard the rival submissions made by learned counsel forming membership of an unlawful assembly accused and in prosecution of common object thereof, is alleged to . One of the injuries sustained by the e. This injury had prima facie . Taking into consideration the role played by the petitioner and the nature of the allegations odial It is well settled that anticipatory bail to an accused can be granted in exceptional circumstances only arrest bail would certainly not disclose all the facts within his knowledge. In case custodial interrogation of the that shall leave many glaring aps, thereby adversely effecting the investigation. The Court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal procedure of criminal cases by the trial Court. It is well arrest bail are to be ordinary and exceptional circumstances and with AMIT SHARMA 2026.05.28 14:59 I attest to the accuracy and integrity of this order/judgment. CRM-M-17894- great caution while taking into consideration the nature of the accusation and the sentence which the conviction may entail exceptional or extra as taken by the petitioner. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserv Accordingly the same is dismissed. 8. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the tri 9. Since the main petition has been any, is rendered infructuous. 27.05.2026 Amit Sharma -2026 (O&M) 4 great caution while taking into consideration the nature of the accusation and the sentence which the conviction may entail. In the instant case, no such exceptional or extra-ordinary circumstance is, however, made out from the pleas as taken by the petitioner. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserv Accordingly the same is dismissed. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. Since the main petition has been dismissed any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned: Whether reportable:- Yes/No great caution while taking into consideration the nature of the accusation and the . In the instant case, no such ordinary circumstance is, however, made out from the pleas as taken by the petitioner. Taking into consideration the above discussed facts, this Court is of the considered opinion that the petition deserves to be dismissed. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case al in any manner. dismissed, pending application, if (MANISHA BATRA) JUDGE Whether speaking/reasoned:- Yes/No Yes/No great caution while taking into consideration the nature of the accusation and the . In the instant case, no such ordinary circumstance is, however, made out from the pleas as taken by the petitioner. Taking into consideration the above discussed facts, es to be dismissed. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case pending application, if AMIT SHARMA 2026.05.28 14:59 I attest to the accuracy and integrity of this order/judgment.