CRM-M-50236-2024 (O&M) -1- 245 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-50236-2024 (O&M) Date of decision: 25.04.2025 Dalbara Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Varun Sharma, Advocate for the petitioner. Ms. Avneet, AAG, Punjab for the respondent. **** MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail pending trial to the petitioner in FIR No.0101 dated 22.07.2024, under Sections 115, 118(1), 126(2), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [Sections 117(2), 118(2) of BNS added later on], registered at Police Station Passiana, District Patiala. GAGANDEEP 2025.04.28 09:38 I attest to the accuracy and authenticity of this document High Court, Chandigarh CRM-M-50236-2024 (O&M) -2- (2) Allegations are that petitioner, along with co-accused, in furtherance of their common intention, inflicted injuries on the person of de facto complainant-Darshan Singh with their respective weapons. (3) Contends that petitioner is real brother of de facto complainant and matter has been settled between them. Further contends that petitioner was arrested in the present case on 10.09.2024 and after remaining in custody for about 01 month, was granted interim bail by Coordinate Bench on 25.10.2024. Also contends that in pursuance of the aforesaid order, he is regularly appearing before learned trial Court. Again contends that in pursuance of the aforesaid order, petitioner is regularly appearing before learned trial Court and he never misused the interim concession; nor there is allegation that he is likely to hamper the proceedings in any manner. (4) Per contra, learned State Counsel, on instructions from quarter concerned, has fairly acknowledged the above factual position and submits that petitioner is regularly appearing before learned trial Court. Also acknowledged that petitioner has not misused the interim concession granted by Coordinate Bench on 25.10.2024. (5) Heard learned Counsel for the parties and perused the paper- book. (6) The Coordinate Bench, on 25.10.2024, granted interim bail to the petitioner in following manner:- GAGANDEEP 2025.04.28 09:38 I attest to the accuracy and authenticity of this document High Court, Chandigarh CRM-M-50236-2024 (O&M) -3- “Counsel appearing for the complainant apprised the Court that petitioner-Dalbara Singh is real brother of the complainant and that there are chances of settlement between the parties through mediation. In view of above, parties are directed to appear before the Mediation & Conciliation Centre of this Court on 7.11.2024. State counsel on instructions from ASI Paramjit Singh submits that as per record, present petitioner caused simple injury with sharp edged weapon on the head of the complainant and the same is covered under Section 118(1) of BNS which is corresponding to Section 324 IPC. In view of above fact that parties are willing to settle the dispute in an amicable manner, the petitioner is hereby directed to be released on interim bail till the next date of hearing subject to the satisfaction of the Illaqa Magistrate/Duty Magistrate concerned. Now be listed on 25.11.2024 for awaiting the report.” (7) It is not in dispute that petitioner remained in custody for about 01 month. (8) Learned State Counsel has duly acknowledged that petitioner is regularly appearing before learned trial Court and there is no allegation that in case interim bail is made absolute, he is likely to misuse the concession or hamper the proceedings in any manner. As a result thereof, sending the petitioner to custody at this stage would not serve any purpose. (9) Consequently, present petition is allowed. Interim bail granted to the petitioner, vide order dated 25.10.2024, is made absolute. He shall be GAGANDEEP 2025.04.28 09:38 I attest to the accuracy and authenticity of this document High Court, Chandigarh CRM-M-50236-2024 (O&M) -4- admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. (10) Petitioner shall appear on each & every date of hearing and to fully co-operate with learned trial Court without seeking any unnecessary adjournment(s). (11) The above observations be not construed as an expression of opinion on the merits of the case. (12) It is clarified that in case there is any misuse of concession of bail on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. (13) Disposed off accordingly. Pending application(s), if any, shall also stand disposed off. 25th April, 2025 ( MAHABIR SINGH SINDHU ) Gagan JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GAGANDEEP 2025.04.28 09:38 I attest to the accuracy and authenticity of this document High Court, Chandigarh