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High Court of Punjab and Haryana · body

2025 DAILYLAW 73629 (PNJ)

MONEY SINGH v. STATE OF PUNJAB

CRM-M/34251/2025 · 2025-07-04

Manisha Batra

body2025

Judgment text

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1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 108 CRM-M-34251-2025 Date of decision: 4th July, 2025 Money Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Balbir Singh Jaswal, Advocate for the petitioner. Ms. Himani Arora, Assistant Advocate General, Punjab. *** MANISHA BATRA, J (ORAL):- The instant one is the second petition for grant of pre-arrest bail as filed by the petitioner in case bearing FIR No. 141 dated 13.07.2023 registered under Sections 379(B)2, 341, 323, 148 and 149 of IPC at Police Station Gate Hakima, District Amritsar. The previous petition bearing CRM M-62485-2023 had been dismissed for non-prosecution vide order dated 30.01.2024. 2. As per the allegations, on 12/13-7-2023, at about 3:00 AM, the complainant Gagandeep Singh was going towards his house on his Activa vehicle along with his friends Ashu and Shubham. When they reached near Railway workshop Chehhrata, they were intercepted by 10-12 unknown persons, who opened an assault upon them and extended beatings. One of them hit with his datar and snatched his mobile phone and a sum of Rs. 30,000 kept in his pocket as well as his vehicle. Then all of them escaped. Parveen Sharma 2025.07.07 18:39 I attest to the accuracy and integrity of this document 2- The complainant sustained injuries and was rushed to the hospital. After registration of FIR, investigation proceedings were initiated and are underway. The accused Ishwaer Chauhan @ Ishu and Vishu have been arrested. They suffered disclosure statements on the basis of which, the present petitioner was nominated as such. Investigation against him is still underway. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR and has been named on the basis of disclosure statement of the co-accused as well as supplementary statement of the complainant made at a delayed stage. No recovery is to be effected from him. His custodial interrogation is not required. He is ready to join investigation. Therefore, it is urged that he deserves to be extended benefit of pre-arrest bail. 4. Notice of motion. 5. Learned Assistant Advocate General, Punjab has advanced notice of the petition and is ready to argue the matter. It is submitted by her that there are serious allegations against the petitioner. His custodial interrogation is must for conducting thorough investigation in the matter. No exceptional or extra-ordinary circumstance for grant of pre-arrest bail is made out in his favor. Therefore, it is urged that the petition does not deserve to be allowed. 6. I have heard learned counsel for the parties at considerable length and have gone through the record carefully. 7. The petitioner along with the co-accused is alleged to have assaulted the complainant on the intervening night of 12/13.07.2023 and is Parveen Sharma 2025.07.07 18:39 I attest to the accuracy and integrity of this document 3- further alleged to have snatched a sum of Rs.35,000/-, mobile phone and activa vehicle belonging to the complainant. There are serious allegations against the petitioner. For conducting thorough investigation in the matter, the custodial interrogation of the petitioner is must. It is also well settled that the Court must be circumspect while exercising power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 8. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 9. Since the main petition has been dismissed, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 4th July, 2025 Parveen Sharma 1. Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No Parveen Sharma 2025.07.07 18:39 I attest to the accuracy and integrity of this document