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High Court of Punjab and Haryana · body

2025 DAILYLAW 9600 (PNJ)

SHAMSHER SINGH v. STATE OF PUNJAB

CRM-M/145/2025 · 2025-04-02

Manjari Nehru Kaul

body2025

Judgment text

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208. IN THE HIGH COURT OF PUNJAB AND HARYANA AT Shamsher Singh State of Punjab CORAM: Present: MANJARI NEHRU KAUL 1. under Section under Sections registered at Police Station 2. following submissions made by the learned counsel for the petitioner, Court had granted the concession of interim bail to the petitioner and asked him to join investigation: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Shamsher Singh Versus Punjab HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Harchand Singh Batth, Advocate, for the petitioner. Mr. Amit Rana, Senior DAG, Punjab. ----- MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 482 of BNSS, 2023, in case FIR No. under Sections 115(2), 118(1), 307, 351(2), 351(3), 299, 3(5) of BNS registered at Police Station Khemkaran, District Tarn Taran. On the last date of hearing i.e. following submissions made by the learned counsel for the petitioner, granted the concession of interim bail to the petitioner and asked join investigation:- “Learned counsel for the petitioner inter alia contends that the petitioner has been attributed a simple injury on the little finger of the complainant in the occurrence in question; it has been further falsely alleged that the pet mobile handset of the complainant before fleeing the spot along with the co-accused. Learned counsel submits that a false and fabricated case having been brought from against the petitioner is evident from the unexplained delay of five the lodging of the FIR in question. It has also been contended IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-145-2025 Date of decision: 02.04.2025 .... Petitioner .... Respondent HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Harchand Singh Batth, Advocate, for the petitioner. Mr. Amit Rana, Senior DAG, Punjab. seeking the concession of anticipatory bail, in case FIR No.94, dated 28.09.2024, 115(2), 118(1), 307, 351(2), 351(3), 299, 3(5) of BNS, mkaran, District Tarn Taran. On the last date of hearing i.e. 08.01.2025, while noticing the following submissions made by the learned counsel for the petitioner, this granted the concession of interim bail to the petitioner and asked Learned counsel for the petitioner inter alia contends that the petitioner has been attributed a simple injury on the little finger of the complainant in the occurrence in question; it has been further falsely alleged that the petitioner snatched the mobile handset of the complainant before fleeing the spot accused. Learned counsel submits that a false and fabricated case having been brought from against the petitioner is evident from the unexplained delay of five days in the lodging of the FIR in question. It has also been contended , , , while noticing the this granted the concession of interim bail to the petitioner and asked Learned counsel for the petitioner inter alia contends that the petitioner has been attributed a simple injury on the little finger of the complainant in the occurrence in question; it itioner snatched the mobile handset of the complainant before fleeing the spot accused. Learned counsel submits that a false and fabricated case having been brought from against the days in SANJEEV KUMAR 2025.04.02 16:31 I attest to the accuracy and integrity of this document CRM-M-145-2025 - 2 - by the learned counsel that identically placed co-accused Mohkam Singh @ Jora Singh has already been extended the concession of interim bail by this Court vide order dated 18.12.2024 (Annexure P-1).” 3. Learned counsel for the petitioner submits that in compliance of order dated 08.01.2025, petitioner has joined investigation and cooperated with the investigating agency. 4. Short reply by way affidavit dated 01.04.2025 of Preetinder Singh, PPS, Deputy Superintendent of Police, Sub Division Valtoha, camp at Bhikhiwind, District Tarn Taran, on behalf of respondent-State, has been filed in Court today, which is taken on record. 5. Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined 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. 6. 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 438(2) Cr.P.C./482(2) of BNSS, 2023. (MANJARI NEHRU KAUL) JUDGE April 02, 2025 sanjeev Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SANJEEV KUMAR 2025.04.02 16:31 I attest to the accuracy and integrity of this document