Dharam Chand v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-48982-2025 Date of decision: 29.09.2025 Dharam Chand

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present :

Mr. Rahi Mehra, Advocate for the petitioner.

Mr. Kamalpreet Bawa, DAG, Punjab.

***** AARADHNA SAWHNEY, J.(ORAL) 1.

By virtue of the present petition under Section 482 BNSS, petitioner, an accused in case bearing FIR No.62 dated 25.04.2025 registered against him, for commission of offence punishable under Sections 304(2), 3(5) of BNS at Police Station Civil Lines, Amritsar, has prayed for grant of pre-arrest bail.

2.

Learned counsel submits that petitioner has been falsely implicated in the present case. The fact that the FIR was lodged after an unexplained delay of 1 day, is indicative of false implication of the petitioner. In the complaint, complainant did not mention the identification details of the snatchers. Thus, the stand of the complainant that after making enquiries at her own level, she came to know that present petitioner and his son were involved in the incident, appears to be purely an afterthought. Further, as per learned counsel, the mandatory guidelines were not adhered to by the investigation agency as no notice under Section 41-A Cr.P.C. (now Section 35 BNSS) was issued to the petitioner. 3.

Heard. Documents perused.

4.

No coercive steps be taken against the petitioner, prior to issuing notice under Section 41-A Cr.P.C. (now Section 35 BNSS). 5.

In view of the above, the present petition is disposed of in the aforesaid terms.

(AARADHNA SAWHNEY) JUDGE 29.09.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2025.09.30 16:44 I attest to the accuracy and integrity of this document