CRM-M-40216-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 104 CRM-M-40216-2026 (O&M) Date of decision: 23.07.2026 Goldy ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Nitin Sharma, Advocate for the petitioner. (Through VC) Ms. Ruchika Sabherwal, Senior DAG, Punjab. MANISHA BATRA, J. (Oral) 1. The instant one is the second petition that has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking the concession of anticipatory bail to the petitioner in FIR No.123 dated 19.12.2025, registered under Sections 333, 115(2), 324(4), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, with Section 118(2) BNS having been added subsequently, at Police Station Bhaini Mian Khan, District Gurdaspur. His previous petition was dismissed as withdrawn. 2. As per the allegations, on 14.12.2025 at about 9.15 p.m., when complainant Jagjit Singh and his helper Eliya Masih were cleaning their chicken shop situated at Adda Chak Sharif, Sulkhan Masih, Malkit Masih alias Raja, the present petitioner Goldy Masih, Sourav and 2-3 unknown persons, armed with deadly weapons including sickles and dandas, entered into the PARVEEN SHARMA 2026.07.24 17:45 I attest to the accuracy and integrity of this document CRM-M-40216-2026 (O&M) -2- shop and started vandalising the premises. It is alleged that Malkit Masih gave a sickle blow on the complainant's left arm, Sulkhan Masih inflicted successive sickle blows causing injuries on the complainant's right little finger and left ear, whereas the present petitioner Goldy Masih, armed with a danda, gave a blow on the complainant's left wrist/back side near the elbow. Thereafter, Sourav caused injuries with a danda on the complainant's left leg. When Eliya Masih came forward to rescue the complainant, he was also assaulted by the assailants. On hearing their cries, villagers gathered at the spot whereupon the accused fled with their respective weapons. Both injured were shifted to Civil Hospital, Gurdaspur. The complainant was thereafter referred to Amandeep Hospital, Amritsar owing to the seriousness of his injuries. The motive attributed in the FIR is that the accused persons used to consume chicken at the complainant's shop without making payment and after the complainant refused to entertain them, they developed a grudge and committed the occurrence. After registration of the 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, Gurdaspur, vide order dated 08.07.2026. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not present at the place of occurrence as at the relevant time, he was watching a movie in a cinema hall and reliance is placed upon a movie ticket to support his plea of alibi. It is further submitted that there is an unexplained delay of about five days in lodging the FIR, which creates serious doubt regarding the prosecution version. There are material contradictions between the initial medical report and the opinion rendered by PARVEEN SHARMA 2026.07.24 17:45 I attest to the accuracy and integrity of this document CRM-M-40216-2026 (O&M) -3- the Medical Board regarding the nature of injuries. Learned counsel submits that the complainant intentionally delayed giving his statement despite being declared fit by the doctor, thereby indicating that the FIR is an afterthought. It is also argued that the petitioner has been implicated due to previous civil litigation with the complainant. Learned counsel further submits that the petitioner is willing to join the investigation, his custodial interrogation is not required and, therefore, he deserves the concession of anticipatory bail. It is also argued that the present petition is maintainable as a second anticipatory bail petition on account of the change in circumstances pleaded by the petitioner. Hence, it is urged that the petition deserves to be allowed. 4. Notice of motion. 5. Learned State counsel has advance notice of the petition and is ready to argue the matter. It is argued by her that the allegations levelled against the petitioner are specific and serious. He has been specifically named in the FIR and a definite role has been attributed to him in causing injuries to the complainant during a concerted assault by an unlawful assembly armed with deadly weapons. The alleged offences are grave in nature and, after the Medical Board opined certain injuries to be grievous, Section 118(2) BNS has also been incorporated. The investigation is at a crucial stage and custodial interrogation of the petitioner is necessary for a fair and effective investigation. Hence, it is urged that the petition is liable to be dismissed. 6. This Court has heard the rival submissions. 7. The petitioner is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common objection thereof, is alleged to have entered into the shop of the complainant PARVEEN SHARMA 2026.07.24 17:45 I attest to the accuracy and integrity of this document CRM-M-40216-2026 (O&M) -4- and to have extended beatings to him as well as to his helper with a danda. The injured are alleged to have sustained multiple injuries at the hands of the petitioner and co-accused. The allegations, therefore, prima facie disclose active participation of the petitioner in the occurrence. His custodial interrogation is required for conducting thorough and proper investigation in the matter. In case his custodial interrogation is denied to the investigating agency, the same will leave many glaring loopholes and gaps adversely affecting the investigation. The powers under Section 482 of BNSS are extraordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and gravity of the accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the sphere of investigation of an offence. The Court has also to see that an order of anticipatory bail should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. The custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of BNSS. The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. Even otherwise, the instant one is the second petition filed by the petitioner seeking PARVEEN SHARMA 2026.07.24 17:45 I attest to the accuracy and integrity of this document CRM-M-40216-2026 (O&M) -5- anticipatory bail. Although a successive petition is maintainable in law upon a substantial change in circumstances, however, the petitioner has failed to point out any such significant or material change warranting reconsideration of the earlier rejection. As such, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 8. It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case. 23.07.2026 (MANISHA BATRA) Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No PARVEEN SHARMA 2026.07.24 17:45 I attest to the accuracy and integrity of this document