216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35474-2026 (O&M) DECIDED ON: 22.07.2026 PAKHARIA KHAN @ FAQIRIA KHAN @ BOONDU AND ANOTHER .....PETITIONERS VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Parvez Akhtar, Advocate, for the petitioners. Mr. Neeraj Madaan, Sr. DAG, Punjab. SANJAY VASHISTH, J (ORAL) 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioners, who have been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District (1) Pakharia Khan @ Faqiria Khan @ Boondu, aged about 48 years and (2) Guljar Khan, aged about 66 years 177 29.05.2026 126(2), 115(2), 351(3), 191(3), 190, 324(4) of BNS, 2023 (corresponding to sections 341, 323, 506, 148, 149 and 427 of IPC), offence under section 109 of BNS, 2023 added later on (corresponding to section 307 IPC), Amargarh Malerkotla 2. After hearing the submissions addressed by counsel for the petitioners, on 06.07.2026, following order was passed:- LAVISHA 2026.07.23 13:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-35474-2026 (O&M) -2- “2. In respect of the incident dated 29.05.2026, FIR was registered at the instance of the complainant-Shamshad Khan, and the allegations therein are as under:- “He is agriculturist and is the Sarpanch of Village Uppalkheri (Upoki). It has been further alleged that he alongwith his father Riyasat Khan, Parvez Khan, Feroz Khan, Ashraf Khan were standing on the flour mill of Anwar Khan on dated 29.05.2026 and the co-accused Shaukat Ali Khan had made announcement/lalkara from the Mosque and called the complainant and his father. It has been further alleged that the complainant and his father were talking to other persons to ask the co-accused Shaukat Ali Khan regarding the same. It has been further alleged that in the meantime, one Scorpio car bearing registration no.PB-92-2010 of black colour, driven by the co-accused Shaukat Ali Khan arrived there at a very fast speed and the complainant and his father moved aside and the aforesaid Scorpio car hit on the four walls of Aasif Khan, due to which, the wall of house of the aforesaid Aasif Khan fell down. It has been further alleged that thereafter, the co-accused Shaukat Ali Khan had reversed the car and tried to run the same over the complainant and his father with an intention to kill them. It has been further alleged that thereafter, the coaccused Shaukat Ali Khan had stopped the car, out of which, Pakhiria Khan @ Boondu, the petitioner no.1 and Gulzar Khan, the petitioner no.2 and their co-accused Aarif Khan, Aasif Khan @ Soni, Anwar Khan @ Baarey Khan, Ilyas Khan who were armed with Kirpans, Baseball bats and sticks, attacked on the complainant and his father. It has been further alleged that the co-accused Aarif Khan inflicted Kirpan (sword) blow towards the complainant, which hit on the elbow of his left arm. It has been further alleged that thereafter, the co-accused Aarif Khan had inflicted second blow of kirpan (sword) on the elbow of his left arm. It has been further alleged that when the aforesaid persons had tried to save the complainant, then co-accused Aasif Khan had inflicted Bugda (sharp edged iron weapon used for meat cutting) blow near the right eye of Feroz Khan. It has been further alleged that the co-accused Anwar Khan had tried to inflict the baseball bat blow towards the complainant, LAVISHA 2026.07.23 13:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-35474-2026 (O&M) -3- however, the same had hit on the elbow of right arm of Feroz Khan. It has been further alleged that thereafter, the co-accused Anwar Khan had inflicted baseball bat blow on the right shoulder of Feroz Khan. It has been further alleged that the co-accused Aasif Khan @ Soni had inflicted Bugda (sharp edged iron weapon used for meat cutting) blow on the right knee of the complainant. It has been further alleged that thereafter, the co-accused Shaukat Ali had again tried to run his aforesaid car over the complainant with an intention to kill him, however, the same was struck with Parvez Khan, due to which, he had received injuries on the elbow of right arm and right wrist. It has been further alleged that the co-accused Ilyas Khan had inflicted brick blow on the right thigh of Parvez Khan. It has been further alleged that the aforesaid accused persons had also inflicted injuries on the person of his father Riyasat Ali and Ashraf Khan. It has been further alleged that in the meantime, another co-accused Aamir Khan alongwith 03-04 persons came on a vehicle bearing registration no.PB-28J-8552 of black colour and gave kick blows to the complainant. It has been further alleged that all the aforesaid persons ran away with their respective weapons from the spot on their vehicles by threatening the complainant. It has been further alleged that they were got admitted in Civil Hospital, Amargarh by Sahid Khan, Jameel Khan and Muneer Khan after arranging the vehicles.” 3. As per the medico-legal examination of the injured Riyasat Khan, total three injuries were found, out of which injuries No.2 and 3 have been referred for orthopaedic opinion. In the case of injured Feroz Khan, total four injuries were noticed, and injury No.1 was referred for surgical opinion, whereas injuries No.2, 3 and 4 have been referred for orthopaedic opinion. Injured Parvez Khan sustained three injuries, which are also pending for orthopaedic opinion. Complainant/injured Shamshad Khan sustained two injuries, which have been referred for orthopaedic opinion. Injured Ashraf Khan sustained one injury, which has been opined to be caused by a blunt weapon. LAVISHA 2026.07.23 13:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-35474-2026 (O&M) -4- 4. Learned counsel for the petitioners submits that although petitioners are alleged to have been accompanying co-accused, namely Arif Khan, Aasif Khan @ Soni, Anwar Khan @ Bare Khan, and Ilyas Khan, who are stated to have been armed with kirpans, baseball bats, and sticks and are alleged to have assaulted the complainant and his father, there is no specific allegation attributing any injury to the present petitioners. It is further submitted that CCTV footage from cameras installed at or near the place of occurrence would clearly establish that petitioners have been falsely implicated in the present case. 5. It is also contended that injuries have also been suffered by members of the petitioners’ party, and there is no explanation in the FIR as to how such injuries were caused. Thus, ture genesis of the occurrence has been concealed by the complainant party. It is, thus, submitted that it would be a debatable issue as to which party was the aggressor. Thus, learned counsel prays for grant of concession of anticipatory bail to the petitioners in the present case. 6. Notice of motion. 7. On advance notice, Mr. Manjinder Singh Bhullar, DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 8. Adjourned to 22.07.2026. 9. Let the State file status report, detailing therein, total number of injuries suffered by the complainant party as well as the petitioners’ party, along with the medical opinion in that regard.” 3. Counsel for the petitioners submits that, petitioners are ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, counsel prays for grant of anticipatory bail to the petitioners in the present case. 4. Today, learned State counsel has filed status report dated 16.07.2026 in the Court today and the same is taken on record. Registry is directed to tag the same at the appropriate place on the file. LAVISHA 2026.07.23 13:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-35474-2026 (O&M) -5- 5. Referring to the status report, learned State counsel submits that both the petitioners have actively participated in the entire occurrence and were part of the conspiracy. Moreover, both of them were present on the spot. Keeping in view the gravity of offence, petitioners are not entitled for grant of anticipatory bail in the present case. 6. This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it. 7. In the facts and circumstances of the case, this Court does not find it necessary to keep the present petition pending any further and, accordingly, deems it appropriate to dispose of the same, with the direction to the petitioners to join the investigation within two weeks from today or as and when called by the investigating officer, and in the eventuality of the arrest, petitioners would be released on anticipatory bail, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioners shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, it is directed that petitioners would hand over their passports to the Investigating Agency or to Court concerned, if they possess. Otherwise, would submit an affidavit, disclosing the fact that they do not possess any passport. It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court. 9. However, it is made clear that present bail order shall be deemed inoperative, in case petitioners fails to join and cooperate with LAVISHA 2026.07.23 13:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-35474-2026 (O&M) -6- the investigation, in terms of the directions mentioned in the present order. 10. With the directions recorded here above, present petition stands disposed of. (SANJAY VASHISTH) 22.07.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No LAVISHA 2026.07.23 13:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh