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2023 DAILYLAW 5537 (PNJ)

DHARAMBIR @ DHARAMBIR SINGH v. STATE OF HARYANA

CRM-M/28938/2026 · 2026-05-29

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-28938 IN THE HIGH COURT OF PUNJAB & HARYANA 216 DHARAMBIR @ DHARAMBIR SINGH STATE OF HARYANA CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Sarvesh Kumar Gupta, for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana ***** 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 seeks anticipatory bail in case Sections 303 of the Bharatiya Nyaya Sanhita, added later on), at Police Station Sadar Sonipat, District Sonipat 2. On the BNSS, 2023 is for grant of in case FIR No.94 dated 22.03.2026 registered under Sections 303 of the Bharatiya Nyaya Sanhita, 2023 (Section 317 of BNS added later on), at Police Station Sadar Sonipat, District Sonipat. 28938-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: DHARAMBIR @ DHARAMBIR SINGH Versus HARYANA HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Sarvesh Kumar Gupta, Advocate for the petitioner. Ms. Shaveta Sanghi, DAG, Haryana ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.94 dated 22.03.2026 registered under Sections 303 of the Bharatiya Nyaya Sanhita, added later on), at Police Station Sadar Sonipat, District Sonipat On 20.05.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.94 dated 22.03.2026 registered under Sections 303 of the Bharatiya Nyaya Sanhita, 2023 (Section 317 of BNS added later on), at Police Station Sadar Sonipat, District Sonipat. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-28938-2026 Date of decision: 29.05.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Advocate Ms. Shaveta Sanghi, DAG, Haryana. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.94 dated 22.03.2026 registered under Sections 303 of the Bharatiya Nyaya Sanhita, 2023 (Section 317 of BNS added later on), at Police Station Sadar Sonipat, District Sonipat. following order was passed by this Court: - Prayer in the present petition filed under Section 482 of anticipatory bail to the petitioner in case FIR No.94 dated 22.03.2026 registered under Sections 303 of the Bharatiya Nyaya Sanhita, 2023 (Section 317 of BNS added later on), at Police Station Sadar Sonipat, District ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.94 dated 22.03.2026 registered under 2023 (Section 317 of BNS Prayer in the present petition filed under Section 482 of anticipatory bail to the petitioner in case FIR No.94 dated 22.03.2026 registered under Sections 303 of the Bharatiya Nyaya Sanhita, 2023 (Section 317 of BNS added later on), at Police Station Sadar Sonipat, District GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document. CRM-M-28938 petitioner has been falsely implicated in the present case and he has no concern with the said offence. He further submitted that the petitioner is not named in the FIR and initially, the FIR was registered against unknown perso that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co from the disclosure statement, there is no other evidence to connect the petitioner with the offence law that disclosure statement of the co custodial interrogation is not admissible. He argued that if the prosecution version is believed to be true, even then no specific role has been attributed to the pres allegation against him is that the co goods to him. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the invest upon to do so by the investigating agency. DAG, Haryana, accepts notice on behalf of respondent seeks time to file 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, he sh 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. 28938-2026 2 Learned counsel for the petiti petitioner has been falsely implicated in the present case and he has no concern with the said offence. He further submitted that the petitioner is not named in the FIR and initially, the FIR was registered against unknown perso that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co from the disclosure statement, there is no other evidence to connect the petitioner with the offence law that disclosure statement of the co custodial interrogation is not admissible. He argued that if the prosecution version is believed to be true, even then no specific role has been attributed to the pres allegation against him is that the co goods to him. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the invest upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Gagandeep Singh Chinna, Sr. DAG, Haryana, accepts notice on behalf of respondent seeks time to file status report in the matter. Adjourned to 29.05.2026. In the meantime, the petitioner is 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, he sh 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 has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He further submitted that the petitioner is not named in the FIR and initially, the FIR was registered against unknown person. It has also been contended that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co-accused. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of the co-accused during his custodial interrogation is not admissible. He argued that if the prosecution version is believed to be true, even then no specific role has been attributed to the present petitioner and the only allegation against him is that the co-accused had sold the stolen goods to him. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is 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. Gagandeep Singh Chinna, Sr. DAG, Haryana, accepts notice on behalf of respondent-State and seeks time to file status report in the matter. In the meantime, the petitioner is 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, he 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 oner has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He further submitted that the petitioner is not named in the FIR and initially, the FIR was n. It has also been contended that the petitioner has been nominated as an accused only on the accused. Apart from the disclosure statement, there is no other evidence to in question and it is a trite accused during his custodial interrogation is not admissible. He argued that if the prosecution version is believed to be true, even then no specific ent petitioner and the only accused had sold the stolen goods to him. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is igation as and when called On asking of the Court, Mr. Gagandeep Singh Chinna, Sr. State and In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with all 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 GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document. CRM-M-28938 3. L the order dated investigation. 4. Learned counsel for the State, on instructions has submitted that the petitio required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to j Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS 29.05.2026 Gurpreet 28938-2026 3 Learned counsel for the petitioner submits that in compliance of the order dated 20.05.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and required for further investigation. In view of the statement made by learned State counsel, the interim order dated 20.05.2026 passed by this Court, is made absolute. The petitioner 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 petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions from HC Vikas, joined the investigation and is no longer In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The oin investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No earned counsel for the petitioner submits that in compliance of joined the HC Vikas, no longer In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The oin investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document.