Balwinder Masih Alias Binda v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M- 52443-2025 BALWINDER MASIH ALIAS BINDA ......Petitioner
Versus
STATE OF PUNJAB ......Respondent CRM-M- 54736-2025 BARANDASS @ BANNU MASIH ......Petitioner
Versus
STATE OF PUNJAB ......Respondent Decided on:
09.12.2025
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. Daljeet Singh Randhawa, Advocate, for Mr. A.S. Manaise, Advocate, for the petitioners (in both the cases).
Mr. Jasdeep Singh, Addl. AG, Punjab.
**** SANJAY VASHISTH, J.
1.
Present petitions have been filed by the petitioners, seeking grant of anticipatory bail in case bearing FIR No.110, dated 13.08.2025, under Section(s) 118(1), 118(2), 115(2), 191(3), 190 of BNS, 2023, registered at Police Station Kalanaur, District Gurdaspur. 2.
On 18.09.2025, following order was passed in CRM-M52443-2025:- "1.
On a call given by the High Court Bar Association, lawyers are observing strike today and not appearing in the Court(s).
2.
Present petition has been filed by the petitioner, seeking grant of anticipatory bail in case bearing FIR No.110, dated 13.08.2025, under Section(s) 118(1), 118(2), 115(2), 191(3), 190 of BNS, 2023, registered at Police Station Kalanaur, District Gurdaspur.
3.
It is pleaded in the present petition by the petitioner that petitioner has attributed a stick blow on the right ankle of the complainant and the said injury was declared simple in nature.
4.
Notice of motion.
5.
Since, petitioner is attributed of causing a simple injury and that too, on the non-vital part of the body, and also the reason that there is a delay of eight days in lodging of the FIR, petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
6.
Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.
7.
List again on 09.12.2025, to enable learned State counsel to file status report in the matter."
3.
On 26.09.2025, following order was passed in CRM-M54736-2025:- "i) Present petition has been filed under Section 482 of BNSS, seeking anticipatory bail in case FIR No. 110 dated 13.08.2025 under Sections 118(1), 118(2), 115(2), 191(3), 190 of BNS, registered at Police Station Kalanaur, District Gurdaspur.
ii) Learned counsel for the petitioner argued that petitionerBarandass @ Bannu Masih, is alleged to have inflicted a blow on the left side of the complainant's mouth with a wooden log, and the injuries have been declared simple in nature. Counsel further submits that the co-accused, Balwinder Masih
@ Binda, who is also alleged to have caused simple injuries, has been granted interim anticipatory bail by this Court and the said petition is now fixed for hearing on 09.12.2025.
iii) Notice of motion.
iv) Mr. Neeraj Madaan, Sr. DAG, Punjab, appears on behalf of respondent/State. He seeks some time to file status report.
v) Since, petitioner is attributed of causing a simple injury and that too, on the non-vital part of the body, and also the reason that there is a delay of eight days in lodging of the FIR, petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
vi) Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
vii) It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.
viii) List again on 09.12.2025, to enable learned State counsel to file status report in the matter. ix) To be heard alongwith CRM-M-52443-2025."
4.
Continuing his submissions, learned counsel for the petitioners contends that in compliance of the order dated 18.09.2025 (in CRM-M-52443-2025) and order dated 26.09.2025 (in CRM-M-547362025) passed by this Court, both the petitioners have joined the investigation, and have fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail orders. 4.
Learned State counsel on instructions, confirms the said averment made by counsel for the petitioners of joining the investigation on 19.11.2025 by the petitioners, and submits that as of now, custodial
interrogation of both the petitioners is not required for the purpose of investigation.
5.
Heard learned counsel for the parties.
6.
Since, petitioners have already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 18.09.2025 (in CRM-M-52443-2025) and order dated 26.09.2025 (in CRM-M-54736-2025) passed by this Court are hereby made absolute. Accordingly, present petitions are allowed.
However, petitioners shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 7.
Accordingly, both the petitions stand disposed of. 8.
However, present order would be subject to the submission of passports of the petitioners to the Investigating Agency or to Court concerned, if they possess, within a period of one week from today. Otherwise, they would submit an affidavit, disclosing the fact that they do not possess any passport.
It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. 9.
A photocopy of this order be placed on the file of other connected case.
(SANJAY VASHISTH) JUDGE 09.12.2025 Lavisha Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO