Meena Rani Chawla v. State of Punjab
Case Details
CRM-M-33592-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-33592-2025 Reserved on: 05.08.2025 Pronounced on: 20.08.2025 Meena Rani Chawla ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Alok Mittal, Advocate and Mr. Sylvester Stephen, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab. Mr. Mayur Singh, Advocate for the complainant. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 126 07.06.2025 City Rajpura, 333, 115(2), 126(2), 351(2), Patiala 191(3) & 190 of BNS 2023 1.
Facts
The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. In paragraph 9 of the bail petition, the petitioner declares that she has no criminal antecedents. 3. The facts and allegations are being taken from the translated copy of FIR, which reads as follows:
Legal Reasoning
evidence might be prima facie sufficient to launch prosecution or to frame charges, but ANJU RANI 2025.08.21 18:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4 5 CRM-M-33592-2025 this Court is not considering the evidence at that stage, but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre- trial incarceration. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations, petitioner being a woman and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre- trial incarceration at this stage. 9. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 10. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 11. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 12. This order is subject to the petitioner’s complying with the following terms. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 13. The petitioner is directed to join the investigation as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 14. In case the Investigator/Officer-In-Charge of the concerned Police Station ANJU RANI 2025.08.21 18:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 5 6 CRM-M-33592-2025 arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. It is clarified that if the petitioner violates any bail condition, the State and/or the victim may file an application for bail cancellation before the trial court, which shall be competent to cancel the bail or add more conditions. Furthermore, if the petitioner moves for deletion or dilution of any bail conditions, the trial court is empowered to do so. 16. This bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail. 17. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 19. Petition allowed in terms mentioned above. All pending applications, if any,
Arguments
“…Statement of Charanjit Singh son of Late Shri Kirpal Singh resident of House No. 3079 Rajpura Town near Police Station City Rajpura, Tehsil Tajpura, Patiala age around 63 years Mobile Phone No. 98883-61972, state that I am resident of the aforementioned address and I am retired from a government of Punjab department. Yesterday on 06.06.2025 at around 06:05 PM I was riding my Activa Scooter and returned from Bazar to my house. I parked my scooter alongside the parking wall and entered my house gate and while closing the house gate I looked around the street. ANJU RANI 2025.08.21 18:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 CRM-M-33592-2025 2 I saw that opposite my house, Subhash Chawla son of Nand Lal, Meena Chawla wife of Subhash Chawla and Tarun Chawla son of Subhash Chawla were standing there. Tarun Chawla made an undesirable gesture with his arm. I questioned Tarun Chawla the reason of this gesture, then Tarun Chawla got enraged and pelted a brick at me. But that brick did not hit me and I was saved. Then all of them, i.e., Meena Chawla, Tarun Chawla and Subhash Chawla started abusing me and issuing threats of my physical elimination to me and started coming towards my house. They opened the gate of my house and trespassed into my house. They were holding bricks and stones in their hands. Immediately coming to my house they attacked my house and started beating me. I became unconscious and fell on the ground. When I was lying on the ground they slapped me and gave me severe blows. Tarun Chawla gave me severe blows on my face and on my eye. Tarun Chawla threatened me of my physical elimination. Tarun Chawla pressed my throat also. Meena Chawla and Subhash Chawla slapped me. When they beat me at that time I was alone at my house. I cried for help then an old lady passing through the street tried to save me, but they did not refrain from their activities. I have employed a girl named Sweetie to look after my mother. She also started crying for help then due to enough cries and shouting, all of them left me in semi unconscious condition and fled from my house. When all of them fled from the site at that time, Amrik Singh Sadha Singh and KarnailSingh were strolling in the Park. They saw Meena Chawla, Subhash Chawla and Tarun Chawla fleeing from my house after beating me. Then my wife Manjit Kaur returned to our house who had gone to Gurdwara Sahib. She arranged conveyance and got me admitted at Government A.P. Jain Hospital Rajpura. I am under medical treatment here. The cause of enmity is that during the year 2008 also they had assaulted me at that time Subhash Chawla and Tarun Chawla had begged pardon and a compromise was forged. Due to that enmity they have beaten me yesterday also. In this quarrel my left eye, left arm, left leg and other parts of body were injured. Due to these injuries I am admitted at Government A.P. Jain Hospital Rajpura. A legal action be taken against Subhash Chawla, Meena Chawla and Tarun Chawla. Justice please be delivered to me. I have got my statement recorded with you at Government A.P. Jain Hospital Rajpura.. I have heard it, read it and I admit it to be correct. Today again my wife Harjit Kaur was standing near the Park gate and Parkash was passing through the street. He is brother-in-law of Subhash. On seeing my wife, he passed ANJU RANI 2025.08.21 18:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 2 CRM-M-33592-2025 3 a remark that "You be thankful that today you have escaped unhurt, you will see the next time". Apart from this Ranvir, both the sons of Jai Parkash, wife of Tarun Chawla pass unacceptable remarks on seeing us. They us provoke us to indulge in quarrel. I and other members of our family are scared of life and limb from Subhash Chawla, Tarun Chawla, Meena Chawla, Jai Parkash, wife of Tarun Chawla, Raanvir and both the sons of Jai Parkash. A legal action be taken against all of them and Justice please be delivered to me.l have got my statement recorded with you at Government A.P. Jain Hospital Rajpura. I have heard it, read it and I admit it to be correct.Sd/ LTI Charanjit Singh aforementioned attested by Sd/-Lakhwinder Singh ASI/Police Station City Rajpura date 07.06.2025. Action taken by police: Today I, ASI was present at the Police Station, HC Karamjit Singh No. 26/Patiala handed over me an MLR No. Randeep 1183 in respect of Charanjit Singh for further action. In the MLR the doctor has mentioned only 07 injuries. All the injuries have been inflicted with blunt weapons. Injury No. 01 has been kept for Eye opinion, injury Nos. 2 and 7 have been advised and kept for surgeon opinion. Injury Nos. 3,4,5 and 6 have kept for Ortho opinion. I, ASI along with ASI Rajesh Kumar No. 651/Patiala, PHG Bhupinder Singh 18809, L/PHG Seema Rani 18777 travelled by private vehicles, and reached Government A.P. Jain Hospital Rajpura. I procured written fitness opinion of the doctor to get the statement recorded of the injured. The doctor mentioned the injured as fit for making statement. The we reached the ward and recoded the statement of the injured as narrated by him word to word. The statement was read over to the injured. He heard the statement and read the same and admitted it to be correct and impressed his left thumb impression. As Charanjit Singh writes with left hand and his left arm is injured. I, ASI attested the statement. From the aforementioned statement and the contents of MLR a case is found to be under sections 333, 115 (2), 126(2), 351(2), 191(3), 190 BNS. For registration of FIR the written statement is forwarded to the Police Station by hand through PHG Bhupinder Singh 18809 against Subhash Chawla son of Shri Nand Lal, Tarun Chawla son of Subhash Chawla, Meena Chawla, wife of Subhash Chawla, residents of House No. 3078 Rajpura Town near Police Station City Rajpura, Tehsil Tajpura, Patiala, Jai Parkash, wife of Tarun Chawla, Ranvir and both the sons of Jai Parkash. FIR be registered and No. of the same be intimated. In-charge Police Control Room Patiala be intimated through wireless message. I, ASI along with Police employees busy in enquiry. To record the statement of injured Meena Rani wife of Subhash Chand resident of Rajpura, we proceed to Government A.P. Jain Hospital 3 ANJU RANI 2025.08.21 18:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRM-M-33592-2025 4 Rajpura. Area Government A.P. Jain Hospital Rajpura. At 09:00 PM Sd/- Lakhwinder Singh ASI/Police Station City Rajpura, date 07.06.2025. On receipt of the aforementioned statement an FIR was registered against Subhash Chawla son of Shri Nand Lal, Tarun Chawla son of Subhash Chawla, Meena Chawla, wife of Subhash Chawla, residents of House No. 3078 Rajpura Town near Police Station City Rajpura, Tehsil Tajpura, Patiala, Jai Parkash, wife of Tarun Chawla, Ranvir and both the sons of Jai Parkash. Records are being completed. Copies of FIR are being sent to the Area Magistrate and the Senior Police Officers by mail. In-charge Police Control Room is being intimated through wireless message. A copy of FIR along with original written statement are handed over to PHG Bhupinder Singh 18809 for onward handing over to ASI Lakhwinder Singh No. 3209/Patiala Police Station City Rajpura. DDR No. 37 concluded at 10:39 PM dated 07.06.2025.” 4. Petitioner’s counsel submits that one Tarun Kumar Chawla has inflicted injuries on the person of complainant with bricks and stones, whose bail has already been dismissed by Coordinate Bench of this Court vide order dated 08.07.2025 passed in CRM-M-35311-2025. He prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Counsel further submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 5. The State’s counsel opposes bail and submits that allegations against the petitioner are grievous in nature. REASONING: 6. Allegations against the petitioner are that she in connivance with other persons, by making an unlawful assembly trespassed in the house of the complainant with bricks and stones and inflicted injuries to the complainant. Main injury is attributed to co- accused Tarun Chawla. Allegations against the petitioner are of giving slaps and fist blow, which are not serious, considering the fact that petitioner is a woman, this Court deems it appropriate to grant one opportunity to the petitioner to course correct. 7. Pre-trial incarceration should not be a replica of post-conviction sentencing. The
Decision
stand disposed of. 20.08.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE ANJU RANI 2025.08.21 18:24 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 6