JARNAIL SINGH JARNAIL SINGH PUNJAB STATE OF PUNJAB v. …
Case Details
CRM-M-64341 64341-2025 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- 315 CRM CRM-M-64341-2025 Date of decision: 01.12.2025 Date of decision: JARNAIL SINGH JARNAIL SINGH PUNJAB STATE OF PUNJAB Versus ….Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. , Advocate, Mr. Kuldeep Singh Saini, Advocate, for the petitioner. for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab. Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Ramneek Vasudeva, Advocate, Mr. Ramneek Vasudeva, Advocate, Mr. Ramneek Vasudeva, Advocate, for the complainant. for the complainant. 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.132 dated 05.08.2025 registered under seeks anticipatory bail in case FIR No.132 dated 05.08.2025 registered under FIR No.132 dated 05.08.2025 registered under seeks anticipatory bail in case 1(2) of the Bharatiya Nyaya Sections 333, 115(2), 118(1), 191(3) and 351(2) of the Bharatiya Nyaya Sections 333, 115(2), 118(1), 191(3) and 35 Sections 333, 115(2), 118(1), 191(3) and 35 Sanhita, 2023, at Police Station Sadar Rupnagar, District Rupnagar. Sanhita, 2023, at Police Station Sadar Rupnagar, District Rupnagar Sanhita, 2023, at Police Station Sadar Rupnagar, District Rupnagar 2. On 18.11.2025, 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 “ l to the petitioners in BNSS, 2023 is for grant of anticipatory bail to the petitioners in BNSS, 2023 is for grant of anticipatory bai BNSS, 2023 is for grant of anticipatory bai case FIR No.132 dated 05.08.2025 registered under Sections case FIR No.132 dated 05.08.2025 registered under Sections case FIR No.132 dated 05.08.2025 registered under Sections case FIR No.132 dated 05.08.2025 registered under Sections 333, 115(2), 118(1), 191(3) and 351(2) of the Bharatiya Nyaya 333, 115(2), 118(1), 191(3) and 351(2) of the Bharatiya Nyaya 333, 115(2), 118(1), 191(3) and 351(2) of the Bharatiya Nyaya 333, 115(2), 118(1), 191(3) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Sadar Rupnagar, District Sanhita, 2023, at Police Station Sadar Rupnagar, District Sanhita, 2023, at Police Station Sadar Rupnagar, District Sanhita, 2023, at Police Station Sadar Rupnagar, District Rupnagar. Rupnagar. GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-64341 64341-2025 - -2- case are that on Brief facts as per the prosecution case are that on Brief facts as per the prosecution 29.07.2025 at 9.30 pm, when the complainant was standing at 29.07.2025 at 9.30 pm, when the complainant was standing at 29.07.2025 at 9.30 pm, when the complainant was standing at 29.07.2025 at 9.30 pm, when the complainant was standing at accused Arsh, Jaspreet Singh, the gate of his house, suddenly co-accused Arsh, Jaspreet Singh, the gate of his house, suddenly co the gate of his house, suddenly co Inderjit Singh and Rani including the petitioner, armed with Inderjit Singh and Rani including the petitioner, armed with Inderjit Singh and Rani including the petitioner, armed with Inderjit Singh and Rani including the petitioner, armed with d started gandasi and kirch came there in drunkard condition and started gandasi and kirch came there in drunkard condition an gandasi and kirch came there in drunkard condition an shouting and abusing. When the complainant told them to stop shouting and abusing. When the complainant told them to stop shouting and abusing. When the complainant told them to stop shouting and abusing. When the complainant told them to stop abusing, they attacked the complainant and his family members. abusing, they attacked the complainant and his family members. abusing, they attacked the complainant and his family members. abusing, they attacked the complainant and his family members. Hence, the present FIR. Hence, the present FIR. Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the present case with an petitioner has been falsely implicated in the present case with an petitioner has been falsely implicated in the petitioner has been falsely implicated in the intention to rope in his entire family. In fact, it is a case of intention to rope in his entire family. In fact, it is a case of intention to rope in his entire family. In fact, it is a case of intention to rope in his entire family. In fact, it is a case of version. He further contends that as per the version and cross-version. He further contends that as per the version. He further contends that as per the version and cross allegations levelled in the FIR, the only role attributed to the allegations levelled in the FIR, the only role attributed to the allegations levelled in the FIR, the only role attributed to the allegations levelled in the FIR, the only role attributed to the ant from his hair and petitioner is that he caught the complainant from his hair and petitioner is that he caught the complain petitioner is that he caught the complain gave stick blow on the head of his wife. No grievous injury has gave stick blow on the head of his wife. No grievous injury has gave stick blow on the head of his wife. No grievous injury has gave stick blow on the head of his wife. No grievous injury has been attributed to him. Rather, the petitioner himself suffered been attributed to him. Rather, the petitioner himself suffered been attributed to him. Rather, the petitioner himself suffered been attributed to him. Rather, the petitioner himself suffered injury i.e. hockey blow. No recovery is to be effected from the injury i.e. hockey blow. No recovery is to be effected from the injury i.e. hockey blow. No recovery is to be effected from the injury i.e. hockey blow. No recovery is to be effected from the petitioner. Further, co-accused petitioner. Further, co ingh and Rani, who Inderjit Singh and Rani, who were on similar footing with the petitioner, has already been were on similar footing with the petitioner, has already been were on similar footing with the petitioner, has already been were on similar footing with the petitioner, has already been granted the concession of anticipatory bail by this Court, vide granted the concession of anticipatory bail by this Court, vide granted the concession of anticipatory bail by this Court, vide granted the concession of anticipatory bail by this Court, vide order dated 26.08.2025 and 10.09.2025, respectively. Learned order dated 26.08.2025 and 10.09.2025, respectively. Learned order dated 26.08.2025 and 10.09.2025, respectively. Learned order dated 26.08.2025 and 10.09.2025, respectively. Learned dy and willing to counsel further submits that the petitioner is ready and willing to counsel further submits that the petitioner is rea counsel further submits that the petitioner is rea join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the investigating agency. investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, State and seeks Punjab, accepts notice on behalf of respondent-State and seeks Punjab, accepts notice on behalf of respondent Punjab, accepts notice on behalf of respondent eport in the matter. time to file status report in the matter. time to file status r Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the 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 the concession of bail. the concession of bail. Adjourned to 29.11.2025. GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-64341 64341-2025 - -3- 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 investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and 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 he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, the Investigating Agency. In the event of arrest, 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 satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner 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. e petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of e petitioner submits that in compliance of Learned counsel for th .2025 passed by this Court, the petitioner has joined the the order dated 18.11.2025 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. Learned counsel for the State, on instructions from Learned counsel for the ASI Raj State, on instructions from ASI Raj the investigation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined Kumar, has submitted that the petitioner has joined longer required for further investigation. longer required for further investigation. 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 18.11.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall by the Investigating Officer and shall to join investigation, as and when called also abide by the conditions 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 conditions as provided under Section 482(2) of the BNSS. 01.12.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document.