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2025 DAILYLAW 14867 (PNJ)

SUNNY MASIH AND ORS v. STATE OF PUNJAB

CRM-M/3136/2025 · 2025-04-03

Amarjot Bhatti

body2025

Judgment text

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CRM-M-3136-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 208 CRM-M-3136-2025 Date of Decision:- 03.04.2025 Sunny Masih and Ors. ....Petitioners Vs. State of Punjab ...Respondent CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Sanjeet Singh Taank, Advocate for petitioners. Mr. Japjot Singh, AAG, Punjab. ***** AMARJOT BHATTI, J. 1. Petitioners Sunny Masih, Sikandar Masih and Vikas have filed petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in FIR No.134 dated 06.12.2024, under Sections 115(2), 74, 351(3), 191(3) & 190 of BNS, registered at Police Station Shri Hargobindpur, Tehsil Batala & District Gurdaspur (Annexure P-1). 2. As per facts of the case, FIR has been lodged on the statement of Lovjot Kaur who stated that she is a married lady having 02 daughters. Love son of Tarsem Masih had evil eye on her and he used to stare at her. She strongly objected to the act and conduct of Love. On 01.02.2024 at about 10:00 AM, she was at home along with her grand-mother-in-law Bimla and rest of the family had gone to Church. Said Love entered their house forcibly and asked about her decision. He caught hold of her neck and had torn her shirt. He also picked up a spade and hit on her left arm and waist. Sunil Devi 2025.04.04 16:40 I attest to the accuracy and integrity of this document CRM-M-3136-2025 -2- On hearing her screams, Bimla came out of the room and rescued her. She was also given kick blows. On the alarm raised by them, he ran away from there. The complainant came outside and saw Akash armed with dattar, Sunny armed with dattar, Sikandar armed with iron rod, Ravi armed with dattar and Danny armed with baseball bat were standing in the street and they were shouting and abusing to provoke the fight. She was taken to the hospital for treatment and finally the matter was reported to the police. 3. Learned counsel for petitioners pointed out that petitioners have already joined the investigation and fully cooperated. They are still ready to abide by the terms and conditions of bail order. Status report was filed. MLRs of Lovjot Kaur and Bimla were also procured, according to which, they suffered simple injuries and one injury in each case was referred for X- ray observation. 4. Today, on instructions of ASI Sarwan Singh, it is pointed out that all the petitioners joined investigation and alleged weapons of offence are also recovered. Therefore, they are not required for further investigation. 5. Considering the aforesaid factual position, no purpose would be served by sending the petitioners behind the bars. They have already joined the investigation and fully cooperated with the investigating agency. Alleged weapons of offence are also recovered. Accordingly, anticipatory bail petition filed by petitioners – Sunny Masih, Sikandar Masih and Vikas is allowed. They be not arrested. In case of their arrest, they be released on bail to the satisfaction of Arresting/Investigating Officer concerned, subject to condition that petitioners will join investigation as and when required. They will not tamper with or interfere with investigation and will not leave Sunil Devi 2025.04.04 16:40 I attest to the accuracy and integrity of this document CRM-M-3136-2025 -3- country without prior permission as provided under Section 482(2) BNSS, 2023. 6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 03.04.2025 (AMARJOT BHATTI) Sunil Devi JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sunil Devi 2025.04.04 16:40 I attest to the accuracy and integrity of this document