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2026 DAILYLAW 34724 (PNJ)

KULWINDER SINGH v. STATE OF PUNJAB

CRM-M/27749/2026 · 2026-07-30

Sanjay Vashisth

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Judgment text

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CRM-M-27749-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 211 CRM-M-27749-2026 Decided on: 30.07.2026 KULWINDER SINGH …...Petitioner Versus STATE OF PUNJAB …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: None for the petitioner. SI Bhupinder Singh, Present in the Court. **** SANJAY VASHISTH, J. On a call given by the Executive Committee of the Punjab and Haryana High Court Bar Association, the Members of the Bar have suspended the work today, i.e. 30.07.2026, in protest against the implementation of the Legal Aid Defence Counsel (LADC), Policy. 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 petitioner, who has 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 Kulwinder Singh, aged about 45 years 0121 09.12.2025 115(2), 118, 117(2), 191(3), 190 of BNS (corresponding to sections 323, 324, 325, 148 and 149 of IPC) Dorangla Gurdaspur 2. On 18.05.2026, following order was passed:- LAVISHA 2026.07.30 12:49 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-27749-2026 2 “2. As per the case of prosecution, occurrence took place on 05.11.2025. Thereafter, complainant namely Harsimranjeet Singh, submitted his complaint on 09.11.2025. However, FIR in the present case was registered after a delay of approximately one month, i.e., on 09.12.2025. As per the vernacular of FIR, on 07.11.2025 and 08.11.2025, when police team approached the parties, they refused to get the case registered on the ground that compromise talks were underway. 3. As per the allegations contained in the FIR, (i) accused/petitioner Kulwinder Singh is alleged to have inflicted a datar blow on the right side of head of the injured/complainant namely Harsimranjeet Singh, and said injury was found to be simple in nature. (ii) Co-accused Tarsem Singh, who was also armed with a datar, is alleged to have inflicted a blow on injured Jaswant Singh, resulting in injury to his right index finger. (iii) The remaining co-accused, namely Dhanvir Singh, Salwinder Singh, Harjinder Singh, Gurkirat Singh, Prince, and Saroop Singh, are alleged to have collectively caused beatings to injured Jaswant Singh. 4. Learned counsel for the petitioner submits that genesis of the incident has been suppressed by the complainant, who got the FIR registered. It is further argued that investigation conducted by the police is partial, as version of the accused side has not been recorded. 5. Reliance is placed on the MLR dated 05.11.2025 (Annexure P-3), wherein co-accused Tarsem Singh, aged about 73 years, is shown to have sustained five injuries, whereby injury Nos.1, 3 and 5 are simple in nature, Injury No.3 is caused by a sharp weapon, whereas Injury Nos.2 and 4 are shown as “KUO” (kept under observation), and the remaining injuries are attributed to blunt weapons. 6. It is further submitted that co-accused persons, namely Dhanvir Singh, Saroop Singh, and Harjinder Singh, have already been granted bail by learned Sessions Court. However, bail petition filed by the present petitioner was dismissed on the ground that he was armed with a datar and allegedly inflicted injuries on the head of complainant Harsimranjit Singh. It is contended that, till date, there is no medical opinion as to whether injuries suffered LAVISHA 2026.07.30 12:49 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-27749-2026 3 by the complainant are simple or dangerous to life. Thus, counsel prays for grant of anticipatory bail to the petitioner in the present case. 7. Notice of motion. 8. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 9. Adjourned to 30.07.2026. 10. Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 11. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.” 3. IO, who is present in the Court, filed status report dated 27.07.2026 in the Court today and the same is taken on record, and submits that in compliance to the order dated 18.05.2026, petitioner has already joined the investigation on 28.06.2026, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. 4. Heard learned counsel for the parties. 5. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 18.05.2026, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. LAVISHA 2026.07.30 12:49 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-27749-2026 4 However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 6. Accordingly, petition stands disposed of. However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport. It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 30.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.30 12:49 I attest to the accuracy and integrity of this document PHHC, Chandigarh