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2025 DAILYLAW 106887 (PNJ)

MANDEEP SINGH v. STATE OF PUNJAB

CRM-M/60610/2024 · 2025-09-04

Manjari Nehru Kaul

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Judgment text

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CRM-M-60610-2024 (O&M) 1 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-60610-2024 (O&M) Date of decision: 04.09.2025 Mandeep Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Yashpal Thakur, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab. **** MANJARI NEHRU KAUL, J. The petitioner is seeking the concession of anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita 2023 in case FIR No. 234 dated 18.07.2024 under Sections 109, 115(2), 126(2), 351(2), 351 (3), 191(3), 190 of BNSS, 2023, registered at Police Station Dera Bassi, District SAS Nagar, Punjab. 2. Vide order dated 08.01.2025 the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- “XX XX XX Counsel for the petitioner inter alia submits that petitioner is falsely implicated in the present case and even otherwise the medical evidence is totally contrary to the allegations made in the FIR. As MLR of complainant says that he suffered two injuries with blunt weapon whereas as per FIR, at the time of occurrence the present petitioner was armed with datar, a sharp edged weapon. It is further contended that even otherwise the injuries on the person of complainant and Hardeep Singh were found to be simple in nature. Counsel for the petitioner further SATYAWAN 2025.09.08 10:29 I attest to the accuracy and integrity of this document CRM-M-60610-2024 (O&M) 2 submits that petitioner who is having no criminal history is ready to join investigation with the police. Notice of motion. Mr. Jasjeet Singh Dhaliwal, AAG, Punjab accepts notice on behalf of the State and on instructions from HC Ranjit Singh submits that petitioner is the main accused and is required by the police for proper investigation of the case. However, the State counsel has not disputed the fact that the injuries caused with blunt weapon by the present petitioner on the person of complainant were found to be simple in nature. That even the injury sustained by Hardeep Singh who tried to intervene was also found to be simple in nature caused with sharp edged weapon. It is further submitted that recovery of weapon used in commission of crime is still to be effected. Mr. Jasvir Singh Dhaliwal, Advocate puts in appearance on the of the complainant and submits that the intention of the petitioner was to kill the complainant as petitioner gave datar blow which directly hit on head of complainant Pradeep Kumar. It is further submitted that petitioner also attacked Hardeep Singh who tried to save the complainant from the clutches of accused persons. It is further submitted that in the given circumstances, no ground is made out to grant concession of anticipatory bail to the petitioner. In support of his contentions, counsel for the complainant has referred to some black and white photographs of the injured. In view of the fact that the injuries found on person of the complainant and Hardeep Singh are found to be simple in nature, the petitioner is hereby directed to join investigation with the police and in case of arrest, he is directed to be released on interim bail by the IO/Arresting Officer to his own satisfaction till the next date of hearing. The petitioner is to abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. Now be listed on 21.02.2025.” 3. Learned counsel for the petitioner submits that in compliance of order dated 08.01.2025, the petitioner has joined investigation and cooperated with the investigating agency. 4. Learned State counsel, on instructions from Inspector Sumit Mor, does not dispute the factum of the petitioner having joined SATYAWAN 2025.09.08 10:29 I attest to the accuracy and integrity of this document CRM-M-60610-2024 (O&M) 3 investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. It has also not been disputed that the petitioner has been attributed simple injuries on the person of the complainant. 5. In view of the above, the petition is allowed and interim order dated 08.01.2025, is made absolute subject to the conditions laid down in Section of 482(2) of the BNSS, 2023 / 438(2) Cr.P.C. 04.09.2025 (MANJARI NEHRU KAUL) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SATYAWAN 2025.09.08 10:29 I attest to the accuracy and integrity of this document