CRM IN THE PUNJAB AND HARYANA HIGH COURT AT 204 Manjinder Singh State of Punjab CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: SHALINI SINGH NAGPAL 1. No.32 dated Section 25 of Arms Act, Police Station City Patti, District Tarn Taran. This is the 2. order was CRM-M-29415-2026 (O&M) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM Date of decision: 23.07.2026 Manjinder Singh V/S State of Punjab CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Mr. Gaurav Khalsi, Advocate for Mr. H.S. Batth, Advocate for the petitioner. Mr. Hardeep Singh Wadhwa, DAG, Punjab **** SHALINI SINGH NAGPAL J. (Oral) Petitioner seeks anticipatory bail in case arising out of FIR dated 22.02.2026, under Sections 109, 61(2), 127(2) of BNS and Section 25 of Arms Act, Police Station City Patti, District Tarn Taran. the first petition for anticipatory bail. While issuing notice of motion passed:- “ The instant petition 2023 (438 of Cr.P.C.), has been filed for grant of anticipatory bail to the petitioner in case registered under Sections 109, 61(2), 127(2) of Nyaya Sanhita, 2023 (for short ‘BNS’), at Police Patti, District Tarn Taran. 2. Briefly stated that the allegations in the present case are that the son of the petitioner friend Karan and then said Karan after taking cartridges from 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-29415-2026 (O&M) Date of decision: 23.07.2026 …Petitioner V/S …Respondent CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Gaurav Khalsi, Advocate for Advocate for the petitioner. , DAG, Punjab. Petitioner seeks anticipatory bail in case arising out of FIR 109, 61(2), 127(2) of BNS and Section 25 of Arms Act, Police Station City Patti, District Tarn Taran. bail. motion on 21.05.2026, following instant petition under Section 482 of BNSS, Cr.P.C.), has been filed for grant of anticipatory bail to the petitioner in case FIR No.32 dated 22.02.2026, registered under Sections 109, 61(2), 127(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), at Police Station City Briefly stated that the allegations in the present case son of the petitioner – Tarun gave his gun to his Karan after taking cartridges from Petitioner seeks anticipatory bail in case arising out of FIR 109, 61(2), 127(2) of BNS and Section 25 of Arms Act, Police Station City Patti, District Tarn Taran. following under Section 482 of BNSS, Cr.P.C.), has been filed for grant of anticipatory FIR No.32 dated 22.02.2026, Bharatiya Station City Briefly stated that the allegations in the present case Tarun gave his gun to his Karan after taking cartridges from KAPIL 2026.07.23 18:46 I attest to the accuracy and integrity of this document CRM CRM-M-29415-2026 (O&M) his cousin Vishal fired gun shot on the complainant. In nutshell, allegations against the present petitioner are that he has committed criminal negligence for not keeping his gun in lock and key. 2. Learned counsel for the petitioner prayed for concession of anticipatory bail to the present petitioner on the following grounds: i. No specific role has been assigned to the petitioner in the commission of the alleged offence. Furthermore, there is nothing on record to suggest any petitioner with regard to his alleged complicity in case, and the occurrence is a result of a mistake concerning the safety and handling of the licensed weapon. ii. Nothing remains to be recovered from the possession of the petitioner. iii. The weapon in question as well as the arms licence have already been taken into possession by the police. iv. The petitioner has clean antecedents and is not involved in any other criminal case. v. The petitioner is ready and willing to join the in and shall cooperate with the investigating agency as and when required. 3. Notice of motion. 4. Mr. Anup Singh, AAG, Punjab, accepted notice on behalf of the respondent-State and opposed the prayer made by learned counsel for the ground: i. The petitioner has acted in a negligent manner by not complying with terms and conditions of the licenced weapon to keep it in safe custody and occurred due to his negligence. 2 fired gun shot on the wife of the complainant. In nutshell, allegations against the present are that he has committed criminal negligence for lock and key. Learned counsel for the petitioner prayed for nticipatory bail to the present petitioner on i. No specific role has been assigned to the petitioner in the of the alleged offence. Furthermore, there is nothing on record to suggest any mens rea on the part of the oner with regard to his alleged complicity in the present case, and the occurrence is a result of a bona fide human concerning the safety and handling of the licensed ii. Nothing remains to be recovered from the possession of iii. The weapon in question as well as the arms licence have taken into possession by the police. iv. The petitioner has clean antecedents and is not involved v. The petitioner is ready and willing to join the investigation cooperate with the investigating agency as and Mr. Anup Singh, AAG, Punjab, accepted notice on State and opposed the prayer made by learned counsel for the petitioner on the following The petitioner has acted in a negligent manner by not terms and conditions of the licenced weapon to keep it in safe custody and the alleged incident has occurred due to his negligence. wife of the complainant. In nutshell, allegations against the present are that he has committed criminal negligence for Learned counsel for the petitioner prayed for nticipatory bail to the present petitioner on i. No specific role has been assigned to the petitioner in the of the alleged offence. Furthermore, there is on the part of the the present human concerning the safety and handling of the licensed ii. Nothing remains to be recovered from the possession of iii. The weapon in question as well as the arms licence have iv. The petitioner has clean antecedents and is not involved vestigation cooperate with the investigating agency as and Mr. Anup Singh, AAG, Punjab, accepted notice on State and opposed the prayer made on the following The petitioner has acted in a negligent manner by not terms and conditions of the licenced weapon the alleged incident has KAPIL 2026.07.23 18:46 I attest to the accuracy and integrity of this document CRM 3. Vide order dated was granted interim bail and was directed to join investigation. 4. Police, Sub Division Patti, CRM-M-29415-2026 (O&M) However, learned State petitioner is not required for custodial interrogation and for recovery purposes as the recovery of the weapon of offence has already been effected in this case. 5. Heard. 6. Taking into consideration the contentions of lea counsel for the parties, this Court finds merit in the present petition on the following grounds: i. That the weapon used in the commission of offence was given by minor son of the petitioner to his friend Karan, who was not oblivious of the weapon was without ammunition. ii. Nothing is to be recovered from the present petitioner. iii. He is having clean and clean antecedents and is not involved in any other case. iv. He is not required for custodial interrogation and recovery purpose. 7. In view of the above, the petitioner is directed to join investigation as and when required by the investigating officer. In the event of arrest, the petitioner shall be released on interim bail on furnishing the satisfaction of arresting/investigating officer date of hearing subject to the conditions as envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Cr.P.C.). 8. Adjourned to 23.07.2026. 9. Reply be filed in the meantime. Vide order dated 21.05.2026 passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Short reply by way of affidavit of Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran has been filed by learned 3 However, learned State counsel has submitted that the is not required for custodial interrogation and for recovery of the weapon of offence has already been effected in this case. Taking into consideration the contentions of learned the parties, this Court finds merit in the present grounds:- That the weapon used in the commission of offence minor son of the petitioner to his friend Karan, who was not oblivious of the intention of main accused as weapon was without ammunition. Nothing is to be recovered from the present petitioner. He is having clean and clean antecedents and is not He is not required for custodial interrogation and for In view of the above, the petitioner is directed to join investigation as and when required by the investigating of arrest, the petitioner shall be released on interim bail on furnishing personal bail/surety bonds to the satisfaction of arresting/investigating officer till the next date of hearing subject to the conditions as envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Adjourned to 23.07.2026. filed in the meantime.” .2026 passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Short reply by way of affidavit of Deputy Superintendent of Tarn Taran has been filed by learned counsel has submitted that the is not required for custodial interrogation and for recovery of the weapon of offence rned the parties, this Court finds merit in the present That the weapon used in the commission of offence minor son of the petitioner to his friend Karan, on of main accused as He is having clean and clean antecedents and is not for In view of the above, the petitioner is directed to join investigation as and when required by the investigating of arrest, the petitioner shall be released bonds to till the next date of hearing subject to the conditions as envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) .2026 passed by this Court, the petitioner Short reply by way of affidavit of Deputy Superintendent of Tarn Taran has been filed by learned KAPIL 2026.07.23 18:46 I attest to the accuracy and integrity of this document CRM State counsel, which is taken on record. He Investigating Officer investigation 5. Court dated 21.05 commenting on merits, the petition is allowed and order dated granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. 23.07.2026 Kapil CRM-M-29415-2026 (O&M) State counsel, which is taken on record. He Investigating Officer-SI Rani Shankar submits that petitioner has joined investigation and is not required for any further investigation Petitioner has joined investigation pursuant to order of this dated 21.05.2026. In the circumstances of the case but without commenting on merits, the petition is allowed and order dated granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. .2026 Whether Speaking/Reasoned : Whether Reportable : 4 State counsel, which is taken on record. He, on instructions from submits that petitioner has joined and is not required for any further investigation. Petitioner has joined investigation pursuant to order of this In the circumstances of the case but without commenting on merits, the petition is allowed and order dated 21.05.2026, granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik (SHALINI SINGH NAGPAL) JUDGE Speaking/Reasoned : Yes/No Yes/No , on instructions from submits that petitioner has joined Petitioner has joined investigation pursuant to order of this In the circumstances of the case but without .2026, granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik (SHALINI SINGH NAGPAL) KAPIL 2026.07.23 18:46 I attest to the accuracy and integrity of this document