17.11.2025 JASKARAN SINGH JASKARAN SINGH STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB v. …
Case Details
CRM-M-55976 55976-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 214 CRM CRM-M-55976-2025 Date of decision: 17.11.2025 Date of decision: 17.11.2025 JASKARAN SINGH JASKARAN SINGH STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB Versus ….Petitioner ….Petitioner s ....Respondents
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. S. S. Rangi, Advocate assisted by Mr. S. S. Rangi, Advocate assisted by Advocate for the petitioner. Mr. Didar Singh, Advocate for the petitioner. Mr. Didar Singh, Mr. Amit Shukla, DAG, Punjab. Mr. Amit Shukla, DAG, Punjab. Mr. Arjun Veer Sharma, Advocate for respondent No.2. Mr. Arjun Veer Sharma, Advocate for respondent No.2. Mr. Arjun Veer Sharma, Advocate for respondent No.2. RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) ***** 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.151 dated 20.08.2025 registered under seeks anticipatory bail in case FIR No.151 dated 20.08.2025 registered under FIR No.151 dated 20.08.2025 registered under seeks anticipatory bail in case e Bharatiya Nyaya Sanhita, 2023, Sections 115(2), 126(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, e Bharatiya Nyaya Sanhita, 2023, Sections 115(2), 126(2), 109 and 3(5) of th at Police Station Machhiwara, Khanna. at Police Station Machhiw 2. On 16.10.2025, following order had been passed: On .2025, following order had been passed: - Prayer in the present petition filed under Section 482 of the “Prayer in the present petition filed under Section 482 of the Prayer in the present petition filed under Section 482 of the “ BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in se FIR No.151 dated 20.08.2025 registered under Sections case FIR No.151 dated 20.08.2025 registered under Sections se FIR No.151 dated 20.08.2025 registered under Sections ca 115(2), 126(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 115(2), 126(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 115(2), 126(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 115(2), 126(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Machhiwra, Khanna, District Ludhiana. 2023, at Police Station Machhiwra, Khanna, District Ludhiana. 2023, at Police Station Machhiwra, Khanna, District Ludhiana. Status report has already been filed by learned State Status report has already been filed by learned State Status report has already been filed by learned State counsel. counsel. GURPREET 2025.11.20 10:16 I attest to the accuracy and authenticity of this document. CRM-M-55976 55976-2025 - -2- facts as per the case of the prosecution are that the Brief facts as per the case of the prosecution are that the facts as per the case of the prosecution are that the accused caused injuries to the petitioner along with other co-accused caused injuries to the accused caused injuries to the petitioner along with other co complainant with an intention to kill him. complainant with an intention to kill him. complainant with an intention to kill him. Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the e present case and he petitioner has been falsely implicated in the present case and he petitioner has been falsely implicated in th petitioner has been falsely implicated in th has no concern with the said incident. He argued that the alleged has no concern with the said incident. He argued that the alleged has no concern with the said incident. He argued that the alleged has no concern with the said incident. He argued that the alleged occurrence took place on 16.08.2025 but the FIR in question was occurrence took place on 16.08.2025 but the FIR in question was occurrence took place on 16.08.2025 but the FIR in question was occurrence took place on 16.08.2025 but the FIR in question was registered on 20.08.2025 i.e. after an unexplained delay of 04 registered on 20.08.2025 i.e. after an unexplained delay of 04 registered on 20.08.2025 i.e. after an unexplained delay of 04 registered on 20.08.2025 i.e. after an unexplained delay of 04 ution story. He further days, casting serious doubt on the prosecution story. He further days, casting serious doubt on the prosec days, casting serious doubt on the prosec argued that the role of inflicting injuries is solely attributed to argued that the role of inflicting injuries is solely attributed to argued that the role of inflicting injuries is solely attributed to argued that the role of inflicting injuries is solely attributed to accused Karry who used a sharp edged weapon in the crime. co-accused Karry who used a sharp edged weapon in the crime. accused Karry who used a sharp edged weapon in the crime. co It has also been contended that if the contents of the FIR are It has also been contended that if the contents of the FIR are It has also been contended that if the contents of the FIR are It has also been contended that if the contents of the FIR are injury has been attributed taken to be true, even then no specific injury has been attributed taken to be true, even then no specific taken to be true, even then no specific to the present petitioner. The petitioner was only standing there to the present petitioner. The petitioner was only standing there to the present petitioner. The petitioner was only standing there to the present petitioner. The petitioner was only standing there and mere presence at the spot cannot amount to participation in and mere presence at the spot cannot amount to participation in and mere presence at the spot cannot amount to participation in and mere presence at the spot cannot amount to participation in the crime. No recovery is to be effected from the petitioner. the crime. No recovery is to be effected from the petitioner. the crime. No recovery is to be effected from the petitioner. the crime. No recovery is to be effected from the petitioner. Further, co-accused Manjot Singh has Further, co also been granted the accused Manjot Singh has also been granted the anticipatory bail by this Court, vide order of even concession of anticipatory bail by this Court, vide order of even anticipatory bail by this Court, vide order of even concession of date. Learned counsel has further submitted that the petitioner is date. Learned counsel has further submitted that the petitioner is date. Learned counsel has further submitted that the petitioner is date. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called ready and willing to join the investigation as and when called upon to do so by the investigating agency. upon to do so by the investigating age upon to do so by the investigating age On the other hand, learned State counsel while referring On the other hand, learned State counsel while referring On the other hand, learned State counsel while referring to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of to the status report, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature and he is the against the petitioner are serious in nature and he is the against the petitioner are serious in nature and he is the against the petitioner are serious in nature and he is the the occurrence in question. He argued that mastermind of the occurrence in question. He argued that the occurrence in question. He argued that mastermind of earlier, there was some dispute between the petitioner and the earlier, there was some dispute between the petitioner and the earlier, there was some dispute between the petitioner and the earlier, there was some dispute between the petitioner and the complainant but the matter was compromised in the Panchayat complainant but the matter was compromised in the Panchayat complainant but the matter was compromised in the Panchayat complainant but the matter was compromised in the Panchayat with the intervention of the respectables but the petitioner kept with the intervention of the respectables but the petitioner kept with the intervention of the respectables but the petitioner kept with the intervention of the respectables but the petitioner kept ainant and thus, he in connivance with grudge against the complainant and thus, he in connivance with ainant and thus, he in connivance with grudge against the compl accused attacked the complainant. He has further other co-accused attacked the complainant. He has further accused attacked the complainant. He has further other co submitted that the petitioner is involved in multiple other cases submitted that the petitioner is involved in multiple other cases submitted that the petitioner is involved in multiple other cases submitted that the petitioner is involved in multiple other cases meaning thereby he is a habitual offender. meaning thereby he is a habitual offender. meaning thereby he is a habitual offender. GURPREET 2025.11.20 10:16 I attest to the accuracy and authenticity of this document. CRM-M-55976 55976-2025 osing the Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opp petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner petition for anticipatory bail, has contended that the petitioner has played an active role in the crime and, thus, does not deserve has played an active role in the crime and, thus, does not deserve has played an active role in the crime and, thus, does not deserve has played an active role in the crime and, thus, does not deserve - -3- the concession of bail. the concession of bail. Adjourned to 17.11.2025. In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join n within a week from today and would appear as and investigation within a week from today and would appear as and n within a week from today and would appear as and investigatio when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the f Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner f Arresting/Investigating Officer. The petitioner satisfaction o shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of .2025 passed by this Court, the petitioner has joined the the order dated 16.10.2025 passed by this Court, the petitioner has joined the .2025 passed by this Court, the petitioner has joined the the order dated investigation. investigation. 4. Jarnail Learned counsel for the State, on instructions from ASI Jarnail Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from ASI , has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. longer required for further inves 5. In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall continue interim order dated 16.10.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall ditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the con (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE 17.11.2025 Gurpreet GURPREET 2025.11.20 10:16 I attest to the accuracy and authenticity of this document. i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No