Baljinder Singh And Others v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.101+211 Case No. : CRM-M-33109-2025 (O&M) Decided On : August 25, 2025 Baljinder Singh and others ....
Petitioners vs.
State of Punjab ....
Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. Ashok Kumar Khunger, Advocate for the petitioners.
Ms. Gagandeep Kaur, DAG, Punjab.
Mr. K. S. Brar, Advocate for the complainant.
* * * SUKHVINDER KAUR , J.
:
CRM-32385-2025 :
This is application under Section 528 the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for placing on record copy of MLR dated 22.11.2024 of Babu Singh son of Joginder Singh as Annexure P-7 and copy of subsequent opinion dated 28.11.2024 in respect of injuries of Babu Singh as Annexure P-8 and also for exemption from filing certifies copies of these Annexures.
For the reasons mentioned in the application, the same is allowed and Annexures P-7 and P-8 are taken on record, subject to all just exceptions.
The application stands disposed of.
Main Case :
Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioners in FIR No.0105 dated 14.12.2024, under Sections 126(2), 115(2), 118(1), 191(3), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 (offence under Section 117(2) BNS added later on), registered at Police Station Sadar Abohar, District Fazilka. Shorn of unnecessary details, brief version of the prosecution is that the aforesaid FIR was registered on the basis of statement made by one Balwinder Singh that on 22.11.
2024 at about 04:30 PM, when he along with his son Kuldeep Singh and servant Chanan Singh was preparing his land for sowing wheat crop, they were attacked by petitioners and some other persons namely Balinder Singh, Manpreet Singh, Chinda Singh @ Chhinda Singh (petitioners herein), Sajan Singh, Ravi and four other unknown persons, who were armed with weapons. Baljinder Singh gave dang blow which hit on middle finger of right hand of complainat, Angrej Singh caused dang blow on right leg of complainant, Manpreet Singh gave kappa blow from reverse side on left leg of complainant and also fired shots from his pistol. When Kuldeep Singh tried to save the complainant, he was also beaten by accused persons.
Meanwhile, one Babu Singh, who was working in the adjoining field, came for their rescue but he was also assaulted by the petitioners but he managed to escape somehow and ran towards the road. Before leaving the spot, accused persons took away gold chain of about two tolas and cash worth Rs.4,600/- with them.
and also caused injuries to the petitioners. He further contended that the alleged occurrence took place on 22.11.2024 but FIR was registered on 14.12.2024 i.e. after an inordinate delay of 22 days, which has not been explained. The injuries attributed to the petitioners have been declared to be simple in nature. He further urged that the petitioners are not required for custodial interrogation and therefore, prayed that the petitioners be granted concession of anticipatory bail.
Per Contra, learned State counsel has opposed the present bail petition and has contended that all the petitioners actively participated in the occurrence and they do not deserve concession of anticipatory bail. Heard.
The injuries specifically attributed to the petitioners have been declared simple in nature. Complicity of petitioners is a matter of trial. Custodial interrogation of the petitioners is not required for any purpose and no useful purpose would be served by sending the petitioners behind the bars.
Accordingly, without commenting on the merits of the case, the present petition is allowed.
In the event of arrest, the petitioners shall be released on bail, on furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioners to join investigation, if so required, by issuing a written notice in this regard. The petitioners shall also abide by the conditions mentioned in Section 482(2) of the BNSS.
However, nothing observed herein above shall be construed
to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. Pending application(s), if any, shall stand disposed of along with the present petition.
August 25, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.