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High Court of Punjab and Haryana · body

2023 DAILYLAW 5492 (PNJ)

SHEELO BAI AND ANOTHER v. STATE OF PUNJAB

CRM-M/21857/2026 · 2026-05-27

Rupinderjit Chahal

Public Interest Litigationbody2023

Judgment text

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CRM-M-21857 IN THE HIGH COURT OF PUNJAB & HARYANA 210 SHEELO BAI AND ANOTHER STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Lupil Gupta, for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab Mr. J.S. Sohal, Mr. Tajveer Singh, 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 petitioner seek anticipatory bail in case Sections 118(2), 118(1), 115(2), 351(2), Sanhita, 2023 at Police Station Vairoke, District Fazilka 2. On the BNSS, 2023 is for grant of antic in case FIR No.187 dated 24.12.2025 registered under Sections 21857-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: SHEELO BAI AND ANOTHER Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Lupil Gupta, Advocate for the petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab Mr. J.S. Sohal, Advocate and Mr. Tajveer Singh, 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 petitioner anticipatory bail in case FIR No.187 dated 24.12.2025 registered under Sections 118(2), 118(1), 115(2), 351(2), 190, 191(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Vairoke, District Fazilka On 18.05.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of antic in case FIR No.187 dated 24.12.2025 registered under Sections IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21857-2026 Date of decision: 27.05.2026 ….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.187 dated 24.12.2025 registered under 190, 191(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Vairoke, District Fazilka. 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 in case FIR No.187 dated 24.12.2025 registered under Sections s ....Respondent Through the instant petition filed under Section 482 of the s FIR No.187 dated 24.12.2025 registered under 190, 191(3) of the Bharatiya Nyaya Prayer in the present petition filed under Section 482 of ipatory bail to the petitioner in case FIR No.187 dated 24.12.2025 registered under Sections GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document. CRM-M-21857 118(2), 118(1), 115(2), 351(2), 190, 191(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Vairoke, District Fazilka. petitioners are innocent and have been falsely implicated in the present case. He argued that even if the contents of the FIR are taken to be true, only role attributed to the petitioner No.1 is that she gave a tangli blow hitting the righ complainant and the role attributed to petitioner No.2 is that he gave a dasta blow hitting near the left side of waist of the complainant. He submits that the injuries attributed by both the petitioners are on the non in nature. He submits that there is an unexplained delay of 41 days in registration of the FIR and further, there is also a delay of 10 days in recording the statement of the complainant, thereby casting serious doubt on the pr submits that no injuries were caused by the petitioners and in fact these are self inflicted injuries by the complainant itself. Learned counsel has further submitted that the petitioners are ready and willing to join the invest upon to do so by the investigating agency. accepts notice on behalf of respondent file the status report in the matter. 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 their furnishing 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. 21857-2026 2 118(2), 118(1), 115(2), 351(2), 190, 191(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Vairoke, District Fazilka. Learned counsel for the petitioners c petitioners are innocent and have been falsely implicated in the present case. He argued that even if the contents of the FIR are taken to be true, only role attributed to the petitioner No.1 is that she gave a tangli blow hitting the righ complainant and the role attributed to petitioner No.2 is that he gave a dasta blow hitting near the left side of waist of the complainant. He submits that the injuries attributed by both the petitioners are on the non-vital part in nature. He submits that there is an unexplained delay of 41 days in registration of the FIR and further, there is also a delay of 10 days in recording the statement of the complainant, thereby casting serious doubt on the pr submits that no injuries were caused by the petitioners and in fact these are self inflicted injuries by the complainant itself. Learned counsel has further submitted that the petitioners are ready and willing to join the invest upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. J.S. Rattu, DAG, Punjab, accepts notice on behalf of respondent file the status report in the matter. Adjourned to 27.05.2026. 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 their furnishing 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.” 118(2), 118(1), 115(2), 351(2), 190, 191(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Vairoke, District Fazilka. Learned counsel for the petitioners contends that the petitioners are innocent and have been falsely implicated in the present case. He argued that even if the contents of the FIR are taken to be true, only role attributed to the petitioner No.1 is that she gave a tangli blow hitting the right side of the waist of the complainant and the role attributed to petitioner No.2 is that he gave a dasta blow hitting near the left side of waist of the complainant. He submits that the injuries attributed by both the vital parts of the body and are simple in nature. He submits that there is an unexplained delay of 41 days in registration of the FIR and further, there is also a delay of 10 days in recording the statement of the complainant, thereby casting serious doubt on the prosecution story. He further submits that no injuries were caused by the petitioners and in fact these are self inflicted injuries by the complainant itself. 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. On asking of the Court, Mr. J.S. Rattu, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to file the status report in the matter. 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 their furnishing bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 118(2), 118(1), 115(2), 351(2), 190, 191(3) of the Bharatiya ontends that the petitioners are innocent and have been falsely implicated in the present case. He argued that even if the contents of the FIR are taken to be true, only role attributed to the petitioner No.1 is that t side of the waist of the complainant and the role attributed to petitioner No.2 is that he gave a dasta blow hitting near the left side of waist of the complainant. He submits that the injuries attributed by both the s of the body and are simple in nature. He submits that there is an unexplained delay of 41 days in registration of the FIR and further, there is also a delay of 10 days in recording the statement of the complainant, thereby osecution story. He further submits that no injuries were caused by the petitioners and in fact these are self inflicted injuries by the complainant itself. Learned counsel has further submitted that the petitioners are igation as and when called On asking of the Court, Mr. J.S. Rattu, DAG, Punjab, State and seeks time to 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 their furnishing bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document. CRM-M-21857 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. Mr. the complainant and has filed his power of attorney in Court today, which is taken on record serious in nature and hence, opposes the 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 abide by the conditions as provided under Section 482(2) of the BNSS 27.05.2026 Gurpreet 21857-2026 3 Learned counsel for the petitioner the order dated 18.05.2026 passed by this Court, the petitioner the investigation. Learned counsel for the State, on instructions has submitted that the petitioners have no longer required for further investigation. Mr. Jaskaran Sohal, Advocate has put in appearance on behalf of the complainant and has filed his power of attorney in Court today, which is taken on record and submits that the offence committed by petitioner 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 18.05.2026 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 ners submits that in compliance of passed by this Court, the petitioners have joined Learned counsel for the State, on instructions from HC Karaj joined the investigation and are , Advocate has put in appearance on behalf of the complainant and has filed his power of attorney in Court today, which is offence committed by petitioners is serious in nature and hence, opposes the grant of bail to the petitioners. 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 Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE speaking/reasoned? Yes/No submits that in compliance of joined from HC Karaj are , Advocate has put in appearance on behalf of the complainant and has filed his power of attorney in Court today, which is is 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 Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.27 19:04 I attest to the accuracy and authenticity of this document.