15.09.2025 Rishabh Benipal @ Nannu v. State of Punjab
Case Details
CRM-M-45867-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45867-2025 Reserved on: 01.09.2025 Pronounced on: 15.09.2025 Rishabh Benipal @ Nannu -Petitioner Versus State of Punjab -Respondent CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Lakshay Bector, Advocate for the petitioner. Mr. Jasdev Singh Thind, D.A.G., Punjab. **** ANOOP CHITKARA, J. FIR No. 93 Dated 26.06.2022 Police Station Division No.3, Ludhiana, District Ludhiana Sections 307, 148, 149, 506, 120-B IPC and 25/54/59 of Arms Act 1. The petitioner incarcerated in the FIR captioned above has come up before this Court under Section 483 BNSS, 2023, for the grant of regular bail in the FIR captioned above on medical grounds. 2. Counsel for the petitioner submits that the petitioner underwent surgery and as per letter dated 30.08.2025, he needs to be admitted in the hospital for 4 to 6 weeks and he is continuously under treatment at the hospital. He further submits that he be allowed interim bail for a substantial period, and he undertakes to comply with every condition imposed by this Court. 3. The petitioner’s counsel 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. 4. The State’s Counsel could not oppose the authenticity of the medical record of the petitioner, and, in compliance with the previous orders, has placed on record the Jyoti Sharma 2025.09.15 16:33 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 1 CRM-M-45867-2025 petitioner’s medical report prepared by Medical Superintendent, DMC & Hospital, Ludhiana, which reads as follows: “To Sub: Sir, The Investigation Officer PS Div. No.3, Ludhiana. Reference of your letter dated 29/08/2025 regarding the treatment of patient Rishab Banipal, Admission No. 2025023399, MRD No.1412826, Date of admission 23/03/2025 and still admitted undergoing treatment. This is to inform you that the patient, Rishab Banipal, underwent surgery in two stages due to a life-threatening condition. The first stage of the surgery was successfully completed, and the patient recovered well. The second stage of the surgery was performed on 29/08/2025. He is currently under observation and recovering, as it was a major procedure. He needs to be admitted to the hospital for approximately 4 to 6 weeks. Sd/- Dr. Ashish Ahuja Professor Deptt. of Surgery 5. The medical report of the petitioner clearly makes out a case for interim bail on medical grounds. 6. Given the above, this court considers it appropriate on humanitarian ground to grant him time to recoup and take care of his health and is inclined to grant him interim bail until 11 AM on 03-Nov-2025. 7. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on interim bail in the FIR captioned above, subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate, with or without sureties, with maximum bond amount not to exceed INR 10,000/. 8. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, the surety is capable of producing the accused. However, instead of surety, the petitioner may provide a fixed deposit of INR 10,000/-, with a clause that the interest shall not be accumulated in FD, either drawn from a State-owned bank or any bank listed on the National Stock Exchange and/or Bombay Stock Exchange, in favour of the “Chief Judicial Magistrate” of the concerned Sessions Division; or a fixed deposit made in the name of the petitioner, with similar terms and with endorsement from the banker stating that the FD shall not be encumbered or redeemed without the permission of the concerned trial Court, or until the surety bond has been discharged. Jyoti Sharma 2025.09.15 16:33 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 2 CRM-M-45867-2025 9. 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) 10. This interim limited period 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. 11. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 12. The petitioner shall surrender to prison from where he was released, on 03.11.2025 before 2 PM. 13. In Amit Rana v. State of Haryana, CRM-18469-2025 [Decided on 05.08.2025), in CRA-D-123-2020], a Division Bench of Punjab and Haryana High Court in paragraph 13, holds that “To ensure that every person in judicial custody who has been granted bail or whose sentence has been suspended gets back their liberty without any delay, it is appropriate that whenever the bail order or the orders of suspension of sentence are not immediately sent by the Registry, computer systems, or Public Prosecutor, then in such a situation, to facilitate the immediate restoration of the liberty granted by any Court, the downloaded copies of all such orders, subject to verification, must be accepted by the Court before whom the bail bonds are furnished.” 14. Present petition stands allowed to the extent above. It is clarified that no application for extension of interim bail shall be filed in the present petition. However, if the petitioner’s health does not improve, he shall be permitted to file a fresh petition for regular bail without surrendering. All pending miscellaneous applications, if any, stand
Decision
disposed of. 15.09.2025 Jyoti Sharma Whether speaking/reasoned: Yes No. Whether reportable: Jyoti Sharma 2025.09.15 16:33 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3 (ANOOP CHITKARA) JUDGE