Mr. Gulshan Nandwani, Advocate for , Advocate for & Anr. v. The State of Maharashtra (Special Leave Petition (Criminal) No. 10255 of 2024 & Anr.

Mr. Gulshan Nandwani, Advocate for , Advocate for the petitioner. r Aggarwal, Addl. A.G., Haryana Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana assisted by SI Badam Singh. SURYA PARTAP SINGH, J (ORAL) SURYA P For the commission of offence punishable under Section For the commission of offence punishable under Sections the Bharatiya 121(1), 109(1), 132, 190, 191(3), 221, 351(3) and 304 of the Bharatiya 121(1), 109(1), 132, 190, 191(3), 221, 351(3) 121(1), 109(1), 132, 190, 191(3), 221, 351(3) Nyaya Sanhita, 2023 and Section 13 of Punjab Gambli Nyaya Sanhita, 2023 the FIR 13 of Punjab Gambling Act, the FIR No.255 dated dated 21.10.2025 has been lodged in Police Station , District .2025 has been lodged in Police Station Sadar, District Palwal. Since the petitioner is apprehending arrest in the abovementioned Since the petitioner is apprehending arrest in the abovementioned petitioner is apprehending arrest in the abovementioned case, and the application for anticipatory bail case, and application for anticipatory bail, filed by the petitioner, vide order dated been dismissed by the learned Sessions Judge Palwal vide order dated been dismissed by the learned Sessions Judge been dismissed by the learned Sessions Judge anticipatory bail by virtue .2025, the petitioner is seeking the benefit of anticipatory bail by virtue .2025, the petitioner is seeking the benefit of 26.11.2025, the petitioner is seeking the benefit of of present petition. The petitioner is claiming the abovesaid concession by of present petition. The petitioner is claiming the abovesaid concession by of present petition. The petitioner is claiming the abovesaid concession by of present petition. The petitioner is claiming the abovesaid concession by GAURAV THAKUR 2026.01.15 09:19 I attest to the accuracy and integrity of this document CRM-M-69394 69394-2025(O&M) 8587 2 Bharatiya invoking the provisions enshrined under Section 482 of the ‘Bharatiya invoking the provisions enshrined under Section 482 of the invoking the provisions enshrined under Section 482 of the Nagarik Suraksha Sanhita, 2023’. Nagarik Suraksha Sanhita, 2023

d are that the Briefly stating the facts emerging from record are that the Briefly stating the facts emerging from recor at the instance of ‘SI Rasheed’, who abovementioned FIR came into being at the instance of ‘SI Rasheed’, who at the instance of ‘SI Rasheed’, who abovementioned FIR came into being off received from an informer with had reported that in response to a tip-off received from an informer with off received from an informer with had reported that Pingore, a raid was conducted by a police regard to gambling in Village Pingore, a raid was conducted by a police Pingore, a raid was conducted by a police regard to gambling in Village party headed by above-named police official. party headed by above amed police official. According to above-named 5 persons police official, during the course of raid, it was found that 30-35 persons police official, during the course of raid, police official, during the course of raid, up a quarter were involved in gambling and on enquiry, the petitioner picked-up a quarter were involved in gambling and on enquiry, the petitioner picked were involved in gambling and on enquiry, the petitioner picked and hit the abovementioned police official. and hit the abovementioned police official. and hit the abovementioned police official.

he case of the prosecution that thereafter a scuffle took It is the case of the prosecution that thereafter a scuffle took he case of the prosecution that thereafter a scuffle took place between the members of raiding party and the persons, who were place between the members of raiding party and the persons, who were place between the members of raiding party and the persons, who were place between the members of raiding party and the persons, who were of police involved in gambling and injuries were caused on the person of police involved in gambling and injuries were caused on the person involved in gambling and injuries were caused on the person ew of abovementioned officials. It is further case of the prosecution that in view of abovementioned officials. It is further case of the prosecution that officials. It is further case of the prosecution that , formal FIR of this case was lodged and the investigation taken information, formal FIR of this case was lodged and the investigation taken , formal FIR of this case was lodged and the investigation taken information up.

Notice of motion. appears on Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana appears on Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana State, and waives service. behalf of respondent-State, and waives service. behalf of respondent

Heard. It has been contended by learned counsel for the petitioner that It has been contended by learned counsel for the petitioner that It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case and that all the the petitioner has been falsely implicated in the present case and that all the the petitioner has been falsely implicated in the present case and that all the the petitioner has been falsely implicated in the present case and that all the injuries suffered by the police officials are simple in nature. According to injuries suffered by the police officials are simple in nature. According to injuries suffered by the police officials are simple in nature. According to injuries suffered by the police officials are simple in nature. According to , the benefit of bail has already been learned counsel for the petitioner, the benefit of bail has already been , the benefit of bail has already been learned counsel for the petitioner GAURAV THAKUR 2026.01.15 09:19 I attest to the accuracy and integrity of this document CRM-M-69394 69394-2025(O&M) 8587 3 accused, namely Ishwar, Pawan, Mohan Lal and accorded to the co-accused, namely Ishwar, Pawan, Mohan Lal and accused, namely Ishwar, Pawan, Mohan Lal and accorded to the co Bajinder. As per learned counsel for the petitioner, the petitioner has no Bajinder. As per learned counsel for the petitioner, the petitioner has no Bajinder. As per learned counsel for the petitioner, the petitioner has no Bajinder. As per learned counsel for the petitioner, the petitioner has no criminal antecedents, and therefore, he is entitled for benefit of anticipatory criminal antecedents, and therefore, he is entitled for benefit of anticipator criminal antecedents, and therefore, he is entitled for benefit of anticipator criminal antecedents, and therefore, he is entitled for benefit of anticipator bail.

Per contra, the learned State Counsel has controverted the , the learned State Counsel has controverted the abovementioned arguments. According to learned State Counsel, the abovementioned arguments. According to learned State Counsel, the abovementioned arguments. According to learned State Counsel, the abovementioned arguments. According to learned State Counsel, the allegations against the petitioner are that he was the first person, who had led allegations against the petitioner are that he was the first person, who had led allegations against the petitioner are that he was the first person, who had led allegations against the petitioner are that he was the first person, who had led inflicted injuries on the person of police the attack upon the police party and inflicted injuries on the person of police inflicted injuries on the person of police the attack upon the police party and As per learned State Counsel, in order to ascertain the identity of officials. As per learned State Counsel, in order to ascertain the identity of As per learned State Counsel, in order to ascertain the identity of officials. crime, custodial other persons, who were involved in the commission of crime, custodial other persons, who were involved in the other persons, who were involved in the interrogation of the petitioner is required. interrogation of the petitioner is required. interrogation of the petitioner is required.

s been perused carefully. The record has been perused carefully. As far as the benefit of anticipatory bail is concerned, it is As far as the benefit of anticipatory bail is concerned, it is As far as the benefit of anticipatory bail is concerned, it is settled principles of law that the Court must be circumspect while exercising principles of law that the Court must be circumspect while exercising that the Court must be circumspect while exercising power for grant of anticipatory bail and it should not be granted as a matter power for grant of anticipatory bail and it should not be granted as a matter power for grant of anticipatory bail and it should not be granted as a matter power for grant of anticipatory bail and it should not be granted as a matter be granted only when . Rather as per law the abovesaid benefit should be granted only when . Rather as per law the abovesaid benefit should of rule. Rather as per law the abovesaid benefit should for the the Court is convinced that exceptional circumstances exist for the the Court is convinced that exceptional circumstances exist the Court is convinced that exceptional circumstances exist extraordinary remedy. extraordinary remedy.

With regard to such relief, the Hon'ble Supreme Court in the With regard to such relief, the Hon'ble Supreme Court in the With regard to such relief, the Hon'ble Supreme Court in the case of Srikant Upadhyay v. Srikant Upadhyay v. State of Bihar 2024 SCC OnLine SC 282 , has State of Bihar 2024 SCC OnLine SC 282, has observed that power to grant anticipatory bail is extraordinary power, and observed that power to grant anticipatory bail is extraordinary power, and observed that power to grant anticipatory bail is extraordinary power, and observed that power to grant anticipatory bail is extraordinary power, and that irrespective of the fact that in a number of cases, it has been held that that irrespective of the fact that in a number of cases, it has been held that irrespective of the fact that in a number of cases, it has been held bail is a rule, it cannot; by any stretch of imagination, bail is a rule, it cannot; be said that by any stretch of imagination, be said that anticipatory bail is a rule. anticipatory bail is a rule. GAURAV THAKUR 2026.01.15 09:19 I attest to the accuracy and integrity of this document CRM-M-69394 69394-2025(O&M) 8587 4

The Hon'ble Supreme Court in the above mentioned case has 'ble Supreme Court in the abovementioned case has further observed that rule of anticipatory bail is a question of judicial further observed that rule of anticipatory bail is a question of judicial further observed that rule of anticipatory bail is a question of judicial further observed that rule of anticipatory bail is a question of judicial discretion depending upon the facts and circumstances of each case. discretion depending upon the facts and circumstances of each case. discretion depending upon the facts and circumstances of each case. discretion depending upon the facts and circumstances of each case. According to Hon'ble Apex Court, when ca According lled upon to exercise the to Hon'ble Apex Court, when called upon to exercise the said power the Court concerned has to be very cautious, as the grant of abovesaid power the Court concerned has to be very cautious, as the grant of said power the Court concerned has to be very cautious, as the grant of said power the Court concerned has to be very cautious, as the grant of interim protection to the accused in serious cases may lead to miscarriage of interim protection to the accused in serious cases may lead to miscarriage of interim protection to the accused in serious cases may lead to miscarriage of interim protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation. justice and may hamper the investigation. justice and may hamper the investigation.

Nikita Jagganath Shetty alias Nikita Similarly, in the case of Nikita Jagganath Shetty alias Nikita Nikita Jagganath Shetty alias Nikita Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Vishwajeet Jadhav v. The State of Maharashtra and Another (Special Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), Leave Petition (Criminal) No. 10255 of 2024, decided on 21.07.2024), patory bail is an Hon'ble Supreme Court of India has held that anticipatory bail is an Hon'ble Supreme Court of India has held that antici Hon'ble Supreme Court of India has held that antici exceptional remedy and it ought not be granted in a routine manner. As per exceptional remedy and it ought not be granted in a routine manner. As per exceptional remedy and it ought not be granted in a routine manner. As per exceptional remedy and it ought not be granted in a routine manner. As per the Hon'ble Supreme Court, there must exist strong reasons for extending the Hon'ble Supreme Court, there must exist strong reasons for extending the Hon'ble Supreme Court, there must exist strong reasons for extending the Hon'ble Supreme Court, there must exist strong reasons for extending indulgence of this extraordinary remedy to a person accused of grave indulgence of this extraordinary remedy to a person accused of grave indulgence of this extraordinary remedy to a person accused of grave indulgence of this extraordinary remedy to a person accused of grave offence.

Gurbaksh Singh Sibba etc. v. State of Punjab In the case of Gurbaksh Singh Sibba etc. v. State of Punjab Gurbaksh Singh Sibba etc. v. State of Punjab 1980 SCC (2) 565, the Hon'ble Supreme Court of India held that: 1980 SCC (2) 565 , the Hon'ble Supreme Court of India held that:- (i) The power under Section 438, Criminal Procedure Code, is of The power under Section 438, Criminal Procedure Code, is of ordinary character and must be exercised sparingly in an extraordinary character and must be exercised sparingly in ordinary character and must be exercised sparingly in exceptional cases only. (ii) In addition to the limitations mentioned in Section 437, the In addition to the limitations mentioned in Section 437, the In addition to the limitations mentioned in Section 437, the petitioner must make out a special case for the exercise of the petitioner must make out a special case for the exercise of the petitioner must make out a special case for the exercise of the power to grant anticipatory bail. power to grant anticipatory bail. Where a legitimate case for the remand of the offender to the (iii) Where a legitimate case for the remand of the offender to the Where a legitimate case for the remand of the offender to the stody under Section 167(2) can be made out by the police custody under Section 167(2) can be made out by the stody under Section 167(2) can be made out by the GAURAV THAKUR 2026.01.15 09:19 I attest to the accuracy and integrity of this document CRM-M-69394 69394-2025(O&M) 8587 5 investigating agency or a reasonable claim investigating agency or a reasonable claim investigating agency or a reasonable claim to secure to secure to secure incriminating material from information likely to be received incriminating material from information likely to be received incriminating material from information likely to be received from the offender under Section 27 of the Evidence Act can from the offender under Section 27 of the Evidence Act can from the offender under Section 27 of the Evidence Act can tion 438 should not be be made out, the power under Section 438 should not be be made out, the power under Sec exercised.

It shall not be out of place to mention here that right of It shall not be out of place to mention here that right of It shall not be out of place to mention here that right of custodial interrogation of Investigating Agency is a valuable right custodial interrogation of Investiga and in the ting Agency is a valuable right and in the present case, if such right is denied to the Investigating Agency present case, if such right is den it is likely to ied to the Investigating Agency it is likely to may not take a proper result into miscarriage of justice, as the investigation may not take a proper result into miscarriage of justice, as the investigation result into miscarriage of justice, as the investigation headway.

Keeping in view the fact that the allegations against the Keeping in view the fact that the allegations against the Keeping in view the fact that the allegations against the petitioner are for the commission of offence punishable under Section petitioner are for the commission of offence punishable under Section petitioner are for the commission of offence punishable under Section petitioner are for the commission of offence punishable under Section 109(1) of BNS, i.e. causing injury with an intention to kill the police 109(1) of BNS, i.e. causing injury with an intention to kill the police 109(1) of BNS, i.e. causing injury with an intention to kill the police 109(1) of BNS, i.e. causing injury with an intention to kill the police held that in view of officials, who were performing their duty, it is hereby held that in view of officials, who were performing their duty, it is hereby officials, who were performing their duty, it is hereby gravity of offence the petitioner is not entitled for benefit of anticipatory gravity of offence the petitioner is not entitled for benefit of anticipatory gravity of offence the petitioner is not entitled for benefit of anticipatory gravity of offence the petitioner is not entitled for benefit of anticipatory bail.

accused is As far as the plea with regard to grant of bail to co-accused is As far as the plea with regard to grant of bail to co accused were afforded the concerned, a perusal of record shows that co-accused were afforded the concerned, a perusal of record shows that co concerned, a perusal of record shows that co f regular bail by the Court of Sessions, and no benefit of benefit of regular bail by the Court of Sessions, and no benefit of f regular bail by the Court of Sessions, and no benefit of benefit o anticipatory bail was ever afforded to the co-accused. anticipatory bail was ever afforded to the co anticipatory bail was ever afforded to the co

If the fact-situation of instant case is analyzed in the light of situation of instant case is analyzed in the light of abovementioned observations, it transpires that abovementioned no such exceptional , it transpires that no such exceptional circumstances warranting exercise of the powers for grant of anticipatory cumstances, warranting exercise of the powers for grant of anticipatory warranting exercise of the powers for grant of anticipatory bail by this Court, exists in the instant case bail by this Court that the case. Thus, it is hereby held that the GAURAV THAKUR 2026.01.15 09:19 I attest to the accuracy and integrity of this document CRM-M-69394 69394-2025(O&M) 8587 6 present petition petition is devoid of merits deserve . Accordingly, the deserves dismissal. Accordingly, the same is hereby hereby dismissed.

It is, however, clarified that the observations made hereinabove It is, however, clarified that the observations made hereinabove It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. shall not be construed as an expression of opinion on the merits of the case. shall not be construed as an expression of opinion on the merits of the case. shall not be construed as an expression of opinion on the merits of the case.

Since Since Since the main petition has been dismissed, pending the main petition has been dismissed, pending the main petition has been dismissed, pending rendered infructuous. applications, if any, are rendered infructuous. application Gaurav Thakur Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable :Yes/No :Yes/No : Yes/No : Yes/No GAURAV THAKUR 2026.01.15 09:19 I attest to the accuracy and integrity of this document