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2025 DAILYLAW 40451 (PNJ)

SUKHWINDER KUMAR @ MOHNA v. STATE OF PUNJAB

CRM-M/17345/2025 · 2025-03-28

Mahabir Singh Sindhu

body2025

Judgment text

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CRM-M No.17345 of 2025 (O&M) -1- 104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.17345 of 2025 (O&M) Date of Decision: 28.03.2025 Sukhwinder Kumar @ Mohna ......... Petitioner Versus State of Punjab ......... Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Mohit Kakkar, Advocate for the petitioner. Ms. Manjot Kaur, Assistant Advocate General, Punjab for the respondent. **** MAHABIR SINGH SINDHU, J. Second petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail to the petitioner in FIR No.33 dated 08.07.2023 (P-1), under Sections 325, 326, 323, 324, 506, 148 read with Section 149 of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Patara, Jalandhar Rural. (2) Above FIR was registered by de facto complainant-Kuldeep Kumar with the allegations that petitioner, along with other accused, armed with Swords, Iron Rods, Datars & Baseball, brutally assaulted complainant party. (3) Contends that petitioner was not named in the FIR; rather subsequently nominated on the basis of disclosure, made by co-accused Rohit GAGANDEEP 2025.03.28 16:36 I attest to the accuracy and integrity of this document High Court, Chandigarh CRM-M No.17345 of 2025 (O&M) -2- Verma. Further contends that petitioner is ready to join the investigation; therefore, his custodial interrogation would not serve any purpose. (4) Per contra, learned State Counsel, on instructions from quarter concerned, opposed the prayer while submitting that allegations against the petitioner are very serious in nature and he has played active role in the commission of crime. (5) Heard learned Counsel for the parties and perused the paper- book. (6) It transpires that petitioner was granted interim bail by the Coordinate Bench vide order dated 09.08.2024; but he did not join the investigation. Ultimately, noticing the fact that petitioner did not join the investigation despite availing sufficient opportunities, his pre-arrest bail was declined on 09.12.2024. (7) Taking into consideration the fact that there is no changed circumstance, this Court does not deem it appropriate to entertain the present petition. Consequently, there is no option except to dismiss the petition. (8) Ordered accordingly. (9) The above observations be not construed as an expression of opinion on merits of the case. Pending application(s), if any, shall also stand disposed off. 28th March, 2025 ( MAHABIR SINGH SINDHU ) Gagan JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GAGANDEEP 2025.03.28 16:36 I attest to the accuracy and integrity of this document High Court, Chandigarh