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2026 DAILYLAW 20583 (PNJ)

HARMINDER SINGH @ HARWINDER SINGH v. STATE OF PUNJAB

CRM-M/18813/2026 · 2026-05-21

Kirti Singh

body2026

Judgment text

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CRM-M IN THE HIGH COURT OF PUNJAB & HARYANA AT (105+258 HARMINDER SINGH @ HARWINDER STATE OF CORAM: HON'BLE Present: KIRTI SINGH 1. been invoked for grant of No.221 dated 190, 3(5) of BNS and Section 117(2) (added later on) sections 323, 324, 354, 294, 148, 149 IPC on)}, registered at Police Station 2. M-18813-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 5+258) CRM CRM Date of Decision: HARMINDER SINGH @ HARWINDER Versus STATE OF PUNJAB CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Lakshay Bector, Advocate Ms. Guramrit Kaur, DAG, Punjab. Mr. Yogesh Goel, Advocate Mr. Vishal Dhiman, Advocate and Mr. Vipul Goel, Advocate for **** KIRTI SINGH, J. (ORAL) The jurisdiction of this Court under Section 482 been invoked for grant of anticipatory dated 09.11.2025 under Section 190, 3(5) of BNS and Section 117(2) (added later on) sections 323, 324, 354, 294, 148, 149 IPC registered at Police Station Sadar Jagraon The translated version of the FIR is reproduced below: "Statement of xxxxx wife of Jaspreet Singh resident of Sohian, Police Station Sadar Jagraon District Ludhiana Rural, age around 38 years, mobile no. 97810-xxccx, stated that I am a resident of the above address and do household chores. On 07.11.2025 at about 6:15 PM, I went to the place where wood is kept in front of my house to collect wood, when Dilpreet Singh son of Narang Singh, of Narang Singh, Harwinder Singh son of Kulwant Singh, Narang Singh son of Surjit Singh, Surjit Singh son of Bachan Singh, Bablu son IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-19630-2026 IN/AND CRM-M-18813-2026 (O&M) Date of Decision: 21.05.2026 HARMINDER SINGH @ HARWINDER SINGH ......Petitioner Versus .....Respondent MS. JUSTICE KIRTI SINGH , Advocate for the petitioner. Ms. Guramrit Kaur, DAG, Punjab. Mr. Vishal Dhiman, Advocate and Mr. Vipul Goel, Advocate for complainant. of this Court under Section 482 BNSS has anticipatory bail to the petitioner in case FIR under Section 115 (2), 118(1), 74, 296, 191(3), 190, 3(5) of BNS and Section 117(2) (added later on) {Corresponding sections 323, 324, 354, 294, 148, 149 IPC (Section 325 IPC added later Sadar Jagraon, District Ludhiana. The translated version of the FIR is reproduced below:- "Statement of xxxxx wife of Jaspreet Singh resident of Sohian, Police Station Sadar Jagraon District Ludhiana Rural, age around 38 xxccx, stated that I am a resident of the above address and do household chores. On 07.11.2025 at about 6:15 PM, I went to the place where wood is kept in front of my house to collect wood, when Dilpreet Singh son of Narang Singh, Karanpreet Singh son of Narang Singh, Harwinder Singh son of Kulwant Singh, Narang Singh son of Surjit Singh, Surjit Singh son of Bachan Singh, Bablu son BNSS has petitioner in case FIR 115 (2), 118(1), 74, 296, 191(3), Corresponding (Section 325 IPC added later "Statement of xxxxx wife of Jaspreet Singh resident of Sohian, Police Station Sadar Jagraon District Ludhiana Rural, age around 38 xxccx, stated that I am a resident of the above address and do household chores. On 07.11.2025 at about 6:15 PM, I went to the place where wood is kept in front of my house to collect Karanpreet Singh son of Narang Singh, Harwinder Singh son of Kulwant Singh, Narang Singh son of Surjit Singh, Surjit Singh son of Bachan Singh, Bablu son SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document CRM-M 3. petitioner has been falsely implicated in the instant case by leveling sweeping and baseless allegations. It is submitted that in fact, is a case of version and cross of the incident that it was the complainant party who were the aggressors, and that they had initiated the fight. In that regard, a cross case has been registered vide DDR No.20 dated 06.02.2026. co-accused has been grante M-18813-2026 (O&M) -2- of Kaka who were standing at Mana Wala Chowk village Sohian saw me, they started abusing me and making their private parts and started challenging me saying that I survived last time, but not this time, I will not let you go now, I cannot hear their abuses. I took the stick I was holding in my hand to turn over the wood and went towards them, then Dilpreet Singh and all the others threw me down and Dilpreet Singh who was holding a kirpan in his hand attacked my left hand with his small kirpan, and the kirpan hit my thumb and pinky finger of my hand. Karanpreet Singh mentioned ab who had a dagger in his hand attacked my left leg below the knee twice, Harwinder Singh mentioned above who had a kirpan in his hand attacked my left arm. Bablu mentioned above attacked the upper part of my right arm and wrist with his small dagger. Na above attacked my left shoulder with his small baseball bat. Then Harwinder Singh mentioned above attacked the left side of my forehead with his small kirpan, after that I fell down and all of them started kicking me and attacked me with kirpans, daggers and sticks. At that time, Sarpanch Kulwant Singh son of Surjit Singh came. He caught Harwinder Singh's kirpan and attacked the fingers of my left hand. And while I was lying down, Kulwant Singh and his father Surjit Singh tore my clothes and very much If more abusive language was used, then on leaving, Sarpanch Kulwant Singh slapped my face. After that Gurpinder Singh son of Bhupinder Singh, Hakam Singh son of Hardev Singh, RanjitSingh son of Ajaib Singh, Harmel Singh son of Bachan Singh, Amritpal Singh son of Harmel Singh and Arshdeep Singh son of Joginder Singh residents of Sohia attacked me with sticks in their hands. When I cried for help, Amanpreet Singh son of Roop Singh and Surjit Kaur came and rescued me from them and then my husb Jaspreet Singh admitted me to currently undergoing treatment. The Sarpanch Kulwant Singh and his son and pass by. Earlier also they had come to our statement has been written for you, heard and Confirmed by SD/- Jaspreet Singh Verified Chowki Police Station Sadar Jagraon Date: Learned counsel for the petitioner petitioner has been falsely implicated in the instant case by leveling sweeping and baseless allegations. It is submitted that in fact, is a case of version and cross-version. It is evident from the CCTV foo of the incident that it was the complainant party who were the aggressors, and that they had initiated the fight. In that regard, a cross case has been registered vide DDR No.20 dated 06.02.2026. cused has been granted the concession of anticipatory bail by this Court of Kaka who were standing at Mana Wala Chowk village Sohian saw me, they started abusing me and making obscene gestures by touching their private parts and started challenging me saying that I survived last time, but not this time, I will not let you go now, I cannot hear their abuses. I took the stick I was holding in my hand to turn over the wood t towards them, then Dilpreet Singh and all the others threw me who was holding a kirpan in his hand attacked my left hand with his small kirpan, and the kirpan hit my thumb and pinky finger of my hand. Karanpreet Singh mentioned ab who had a dagger in his hand attacked my left leg below the knee twice, Harwinder Singh mentioned above who had a kirpan in his hand attacked my left arm. Bablu mentioned above attacked the upper part of my right arm and wrist with his small dagger. Narang Singh mentioned above attacked my left shoulder with his small baseball bat. Then Harwinder Singh mentioned above attacked the left side of my forehead with his small kirpan, after that I fell down and all of them started th kirpans, daggers and sticks. At that time, Sarpanch Kulwant Singh son of Surjit Singh came. He caught Harwinder Singh's kirpan and attacked the fingers of my left hand. And while I was lying down, Kulwant Singh and his father Surjit Singh tore s and very much If more abusive language was used, then on leaving, Sarpanch Kulwant Singh slapped my face. After that Gurpinder Singh son of Bhupinder Singh, Hakam Singh son of Hardev Singh, RanjitSingh son of Ajaib Singh, Harmel Singh son of Bachan Singh son of Harmel Singh and Arshdeep Singh son of residents of Sohia attacked me with sticks in their help, Amanpreet Singh son of Roop Singh and rescued me from them and then my husb Civil Hospital Jagraon. Where I am currently undergoing treatment. The reason for the dispute is that Sarpanch Kulwant Singh and his son and nephews harass us when we pass by. Earlier also they had come to our house and beaten us up. The statement has been written for you, heard and is correct. Signed/- xxxx Jaspreet Singh Verified Signed/- Manjit Singh ASI Chowki Police Station Sadar Jagraon Date:- 09.11.2025." Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the instant case by the complainant, by leveling sweeping and baseless allegations. It is submitted that in fact, It is evident from the CCTV footage of the incident that it was the complainant party who were the aggressors, and that they had initiated the fight. In that regard, a cross case has been registered vide DDR No.20 dated 06.02.2026. Further a similarly situated d the concession of anticipatory bail by this Court of Kaka who were standing at Mana Wala Chowk village Sohian saw obscene gestures by touching their private parts and started challenging me saying that I survived last time, but not this time, I will not let you go now, I cannot hear their abuses. I took the stick I was holding in my hand to turn over the wood t towards them, then Dilpreet Singh and all the others threw me who was holding a kirpan in his hand attacked my left hand with his small kirpan, and the kirpan hit my thumb and pinky finger of my hand. Karanpreet Singh mentioned above who had a dagger in his hand attacked my left leg below the knee twice, Harwinder Singh mentioned above who had a kirpan in his hand attacked my left arm. Bablu mentioned above attacked the upper part of rang Singh mentioned above attacked my left shoulder with his small baseball bat. Then Harwinder Singh mentioned above attacked the left side of my forehead with his small kirpan, after that I fell down and all of them started th kirpans, daggers and sticks. At that time, Sarpanch Kulwant Singh son of Surjit Singh came. He caught Harwinder Singh's kirpan and attacked the fingers of my left hand. And while I was lying down, Kulwant Singh and his father Surjit Singh tore s and very much If more abusive language was used, then on leaving, Sarpanch Kulwant Singh slapped my face. After that Gurpinder Singh son of Bhupinder Singh, Hakam Singh son of Hardev Singh, RanjitSingh son of Ajaib Singh, Harmel Singh son of Bachan Singh son of Harmel Singh and Arshdeep Singh son of residents of Sohia attacked me with sticks in their help, Amanpreet Singh son of Roop Singh and rescued me from them and then my husband Civil Hospital Jagraon. Where I am reason for the dispute is that nephews harass us when we beaten us up. The xxxx Manjit Singh ASI submits that the by the complainant, by leveling sweeping and baseless allegations. It is submitted that in fact, it tage of the incident that it was the complainant party who were the aggressors, and that they had initiated the fight. In that regard, a cross case has been Further a similarly situated d the concession of anticipatory bail by this Court SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document CRM-M vide order dated 23.03.2026 that the petitioner is willing to join investigation and co 4. complainant have counsel for the petitioner and submit that there are specific and allegations against the petitioner. They state th involved in the commission of offence 5. Special Crimes, District Ludhiana (Rural) filed by the learned State counsel is taken on record. Copy of the same has b counsel for the petitioner. status report dated 19.05.2026 submits that the allegation against the petitioner is that he along with other co upon the complainant and one other person. As per mentioned in the status report injuries, whereas one Amanpreet Singh suffered 7 injuries. A comprehensive chart with reference to the details of the and Amanpreet Singh are as follows: Name of injured Manpreet Kaur M-18813-2026 (O&M) -3- vide order dated 23.03.2026 passed in CRM that the petitioner is willing to join investigation and co Per contra, learned State counsel as well as counsel for the complainant have vehemently opposed the counsel for the petitioner and submit that there are specific and allegations against the petitioner. They state th involved in the commission of offence. Status report by way of affidavit of Kulwant Singh, PPS, DSP, Special Crimes, District Ludhiana (Rural) filed by the learned State counsel is taken on record. Copy of the same has b counsel for the petitioner. Learned State counsel while relying upon the status report dated 19.05.2026 submits that the allegation against the petitioner is that he along with other co- the complainant and one other person. As per mentioned in the status report, the complainant received as many as 13 injuries, whereas one Amanpreet Singh suffered 7 injuries. A comprehensive chart with reference to the details of the injuries inflicted on the complainant and Amanpreet Singh are as follows:- Name of injured Injury No. Place of injury Kind of weapon Manpreet Kaur 1 Left side head Sharp 2 Middle finger of Lt. head Blunt 3 Wrist joint of Lt hand Blunt 4 Lower Lt leg Blunt 5 Lower Lt leg Blunt 6 Wrist of Rt. arm Sharp passed in CRM-M-74155-2025. It is submitted that the petitioner is willing to join investigation and co-operate. Per contra, learned State counsel as well as counsel for the opposed the submissions made by the learned counsel for the petitioner and submit that there are specific and serious allegations against the petitioner. They state that the petitioner was actively Status report by way of affidavit of Kulwant Singh, PPS, DSP, Special Crimes, District Ludhiana (Rural) filed by the learned State counsel is taken on record. Copy of the same has been furnished to the learned Learned State counsel while relying upon the status report dated 19.05.2026 submits that the allegation against the -accused inflicted multiple injuries the complainant and one other person. As per the injury chart , the complainant received as many as 13 injuries, whereas one Amanpreet Singh suffered 7 injuries. A comprehensive injuries inflicted on the complainant Kind of Nature of injury/ weapon Name of accused Offence Simple Kirpan Harwinder Singh 324 IPC Grievous Kirpan Dilpreet Singh 325 IPC Simple Kirpan 323 IPC Simple Kirth 323 IPC Simple Kirch 323 IPC Simple Bablu 324 IPC It is submitted Per contra, learned State counsel as well as counsel for the submissions made by the learned serious at the petitioner was actively Status report by way of affidavit of Kulwant Singh, PPS, DSP, Special Crimes, District Ludhiana (Rural) filed by the learned State counsel een furnished to the learned Learned State counsel while relying upon the status report dated 19.05.2026 submits that the allegation against the injuries the injury chart , the complainant received as many as 13 injuries, whereas one Amanpreet Singh suffered 7 injuries. A comprehensive injuries inflicted on the complainant Offence IPC 325 IPC 323 IPC 323 IPC 323 IPC 324 IPC SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document CRM-M Amanpreet Singh 6. Section 117(2) of BNS was subsequently added vide DDR No.27 dated 18.11.2025. who has been granted the concession of anticipat person namely Surjit Singh, to whom no injury has been attributed. The anticipatory bail petition by this Court vide order 2025 and the custodial interrogation of the petitioner is necessitated in this case so as to ascertain the true factual aspect of the alleged occurrence, and for the recovery of the weapons of offence. M-18813-2026 (O&M) -4- 7 Lt thigh Blunt 8 Lt. knee joint Blunt 9 Rt. leg Blunt 10 Rt. shoulder Blunt 11 Lt. shoulder Blunt 12 Lt. arm Blunt 13 Lt. wrist joint Blunt Amanpreet 1 Lt. head Blunt 2 Rt head Blunt 3 Back Blunt 4 Middle finger of Lt hand Blunt 5 Rt shoulder Blunt 6 Lt shoulder Blunt 7 Lt eye lid Blunt It is submitted that in view of the opinion given on the injuries, Section 117(2) of BNS was subsequently added vide DDR No.27 dated 18.11.2025. Learned State counsel further submits who has been granted the concession of anticipat person namely Surjit Singh, to whom no injury has been attributed. The anticipatory bail petitions filed by the two by this Court vide order common order dated 09.02.2026 in CRM vide order of even date passed in custodial interrogation of the petitioner is necessitated in this case so as to ascertain the true factual aspect of the alleged occurrence, and for the recovery of the weapons of offence. Simple 323 IPC Simple 323 IPC Simple 323 IPC Simple 323 IPC Simple baseball Narang Singh 323 IPC Simple kirpan Harwinder Singh 323 IPC Grievous 325 IPC Grievous kirpan Dilpreet Singh 325 IPC Grievous 325 IPC Simple baseball Narang Singh 323 IPC Simple kirpan Bablu 323 IPC Simple 323 IPC Simple 323 IPC Simple 323 IPC It is submitted that in view of the opinion given on the injuries, Section 117(2) of BNS was subsequently added vide DDR No.27 dated further submits that the only co-accused who has been granted the concession of anticipatory bail is the 80 year old person namely Surjit Singh, to whom no injury has been attributed. The two co-accused have been dismissed dated 09.02.2026 in CRM-M-69880 de order of even date passed in CRM-M-1060-2026. As such, custodial interrogation of the petitioner is necessitated in this case so as to ascertain the true factual aspect of the alleged occurrence, and for the 323 IPC 323 IPC 323 IPC 323 IPC 323 IPC 323 IPC 325 IPC 325 IPC 325 IPC 323 IPC 323 IPC 323 IPC 323 IPC 323 IPC It is submitted that in view of the opinion given on the injuries, Section 117(2) of BNS was subsequently added vide DDR No.27 dated accused ory bail is the 80 year old person namely Surjit Singh, to whom no injury has been attributed. The accused have been dismissed 69880- As such, custodial interrogation of the petitioner is necessitated in this case so as to ascertain the true factual aspect of the alleged occurrence, and for the SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document CRM-M 7. averments made by the learned State counsel, does not deserve the concession of anticipatory bail. 8. parties. 9. observations of the Hon’ble Supreme Court passed in ‘ CK (Criminal Appeal No.1834/2022) thus:- 10. petitioner inflicted multiple injuries on the person of the complainant. The M-18813-2026 (O&M) -5- Learned counsel for the complainant has reiterated the averments made by the learned State counsel, not deserve the concession of anticipatory bail. Heard the rival submissions made by learned counsel for the At this stage, a gainful reference can be made to the observations of the Hon’ble Supreme Court passed in ‘ (Criminal Appeal No.1834/2022)’, relevant portion whereof reads “x x x x In many anticipatory bail matters, argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thin bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.” Prima facie serious allegations have be petitioner armed with a kirpan and in connivance with other co inflicted multiple injuries on the person of the complainant. The Learned counsel for the complainant has reiterated the averments made by the learned State counsel, and submits that the petitioner not deserve the concession of anticipatory bail. Heard the rival submissions made by learned counsel for the At this stage, a gainful reference can be made to the observations of the Hon’ble Supreme Court passed in ‘X Vs. Arun Kumar ’, relevant portion whereof reads In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant serious allegations have been levelled that in connivance with other co-accused inflicted multiple injuries on the person of the complainant. The injury chart Learned counsel for the complainant has reiterated the and submits that the petitioner Heard the rival submissions made by learned counsel for the At this stage, a gainful reference can be made to the X Vs. Arun Kumar ’, relevant portion whereof reads we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. g that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant en levelled that the accused, injury chart SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document CRM-M of the complainant disclose in the group petitioner role of the petitioner and the material on record, grant the concession of anticipatory bail to 11. 12. construed as an expression on the merits of the case. May 21, 2026 SwarnjitS M-18813-2026 (O&M) -6- of the complainant discloses that as many as 13 injuries were suffered by in the group attack; two of which have been sought to be petitioner. Therefore, having regard to the gravity of the alleged offence role of the petitioner and the material on record, grant the concession of anticipatory bail to Accordingly, the instant petition stands dismissed. Needless to say that nothing observed hereinabove shall be construed as an expression on the merits of the case. Miscellaneous application(s), if any, also stands disposed , 2026 Whether speaking/reasoned Whether reportable that as many as 13 injuries were suffered by which have been sought to be attributed to the . Therefore, having regard to the gravity of the alleged offence role of the petitioner and the material on record, this Court is not inclined to grant the concession of anticipatory bail to the petitioner. Accordingly, the instant petition stands dismissed. Needless to say that nothing observed hereinabove shall be construed as an expression on the merits of the case. Miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH) JUDGE : Yes/No : Yes/No that as many as 13 injuries were suffered by her attributed to the . Therefore, having regard to the gravity of the alleged offence, this Court is not inclined to Needless to say that nothing observed hereinabove shall be SWARNJIT SINGH 2026.05.25 11:21 I attest to the accuracy and integrity of this document