Extracted from the PDF above. The PDF is authoritative.
CRM-M No.34394 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 211 CRM-M No.34394 of 2026
Date of decision: 08.07.2026 Jhirmal Singh alias Gaggi ... Petitioner Vs. State of Punjab
... Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Rishu Garg Advocate, for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral)
1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 171 16.11.2025 Dhanaula,
District Barnala 109, 333, 115(2), 118(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”)
2.
Brief facts relevant for the purpose of disposal of this petition MANJU 2026.07.09 16:34 I attest to the accuracy and authenticity of this order /judgment Chandigarh
CRM-M No.34394 of 2026 -2- are that the aforementioned FIR was registered on the basis of statement recorded by the complainant Raghvir Singh alleging therein that on 15.11.2025, he along with his brother Ranjit Singh and wife Inderjit Kaur was present in his house when the petitioner who is his nephew reached there in a Swift vehicle along with one unknown person. They entered inside his house while being armed with sword. The petitioner swung kirpan and opened an assault with the same on his head. He had fallen down. His wife rushed for his rescue but she too sustained injury on her left finger and right arm at the hands of the petitioner. The petitioner also assaulted his brother Ranjit Singh with the kirpan and his accomplice also caused injury on the left shoulder of his brother who had fallen down. On clamour being raised, the assailants fled from the spot. 3. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Additional Sessions Judge, Barnala vide order dated
01.06.2026. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case due to pre existing family property disptue and animosity with the complainant who is his real uncle. The FIR contains an exaggerated version. Injuries have been falsely planted upon him. He is ready to join investigation. His custodial interrogation is MANJU 2026.07.09 16:34 I attest to the accuracy and authenticity of this order /judgment Chandigarh
CRM-M No.34394 of 2026 -3- not required. No recovery is to be effected from him. It is, thus, argued that the petition deserves to be allowed. 5. Per contra, learned State counsel while relying upon the status report has argued that the allegations against the petitioner are serious in nature. He has caused injuries on the vital part of the body of the complainant as well as on the person of his family members with a sharp edged weapon with an intent to kill them. The injury No.1 as sustained by Inderjit Kaur wife of the complainant has been opined to be grievous in nature.
For conducting thorough and proper investigation in the matter, the custodial interrogation of the petitioner is must. There is no exceptional circumstance to extend benefit of pre arrest bail to the petitioner. It is, therefore, stressed that the petition does not deserve to be allowed. 6. This Court has considered the rival submissions. 7. The petitioner along with the co-accused is alleged to have voluntarily caused simple as well as grievous injuries on the person of the complainant and his family members with a sharp edged weapon. The allegations make out a prima facie case for commission of subject offence as against him. It is well settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific
facts and circumstances of each case and there cannot be any exhaustive parameter set out for considering the application for grant of bail. The MANJU 2026.07.09 16:34 I attest to the accuracy and authenticity of this order /judgment Chandigarh
CRM-M No.34394 of 2026 -4- factors such as nature of accusations, severity of punishment if the accusations entail, conviction and nature of evidence in support of the accusations are to be seen. That apart reasonable apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should also be considered and it is only the element of genuineness that has to be considered in the matter of grant of bail. However, keeping in view the foregoing legal principles and the circumstances as discussed above, this Court finds no compelling ground to allow the petition. Accordingly, the same is dismissed.
8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
(MANISHA BATRA) 08.07.2026
JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.09 16:34 I attest to the accuracy and authenticity of this order /judgment Chandigarh