Mander Singh Alias Manod Kumar v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 26.08.2025 MANDER SINGH ALIAS MANOD KUMAR ...PETITIONER

VERSUS

STATE OF PUNJAB AND ANR.

...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Sukhwinder S. Dhillon, Advocate for the petitioner. Ms. Pooja Nayar Sharma, DAG, Punjab.

Mr. Vikas Bishnoi, Advocate for respondent No.2/complainant. **** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police Station Sections 05.12.2024 Sadar Sri Muktsar 304/118(1)/115(2)/ Sahib, District Sri 190/191(3)/118(2) of BNS, Muktsar Sahib 1.

The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2.

In paragraph 19 of the bail petition, the accused declares that he has no criminal antecedents.

3.

The facts and allegations are being taken from the order dated 28.07.2025 passed by the Sessions Judge, Sri Muktsar Sahib, which reads as follows: "The present case has been registered at the instance of Balkar Singh on the averments that on 03.12.2024 at about 6:00-6:30 PM, he along with Manjit Singh, Anmol Singh and Preet Singh came out from Gandhi Flour Mill for going to the village. Lights of the factory were on. 5-6 boys armed with swords and Gandas came on three motorcycles. Out of fear, his companions fled away. From the boys, he was already familiar with them, are Mander Singh and Manga Singh. They alighted from the motorcycle and gave sword blows on his person, which hit on his right hand and right arm. One unidentified person gave baseball bat blow on his person, which hit on the elbow joint of his right arm. Manga Singh and Mander Singh gave sword blows, which hit on his right hand and right wrist. Four unidentified persons also gave sword blows, which hit on his right leg, left leg and

-2left arm. On raising raula, they fled away from the spot." 4.

The petitioner's Counsel submits that the matter stands compromised with the victim(s) vide compromise deed dated 20.01.2025.

5.

The victims' Counsel also admits the factum of compromise and states that they have no objection to the petitioner's bail.

6.

The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

7.

The State's counsel opposes bail on instructions. REASONING:

8.

Because of no objection to the bail by the victim(s), this Court is inclined to grant bail with clarification that this bail on compromise shall not amount to the acceptance of compromise by the prosecution or the Court.

9.

Given the compromise, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. 10.

Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

11.

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) 12.

The petitioner is directed to join the investigation within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the

-3prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13.

The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 14.

In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law.

15.

The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner's behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition.

16.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 17.

A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

18.

Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

26.08.2025 (ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No