Shamsher Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 12.12.2025 Shamsher Singh ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present:

Ms. Swati Verma, Advocate for Mr. Manisha Kumari, Advocate for the petitioner. Mr. Gautam Thapar, Sr. DAG, Punjab.

Mr. Vikas Prakash, Advocate for the complainant. AARADHNA SAWHNEY , J (ORAL) 1.

This order shall dispose of present petition for grant of anticipatory bail filed by the petitioner, an accused in case FIR No.95 dated 13.08.2025 under Sections 115(2),118(1),118(2) and 3(5) of BNS registered at P.S Ranger Nangal, Batala, District Gurdaspur.

2.

Status report filed by way of affidavit of Harish Behal, DSP, Sub Division, Sri Hargobindpur, Police District Batala on behalf of respondent-State is taken on record. In para 6 of the report, the factum of petitioner Shamsher Singh having joined investigation stands mentioned. He is stated to have cooperated with the investigating agency and produced the Datar used in the offence. Learned State counsel, on instructions from ASI Tarsem Lal, submits that the petitioner has since joined the investigation and is no longer required for further custodial interrogation.

4.

Heard.

5.

On 13.10.2025, following order was passed by this Court: " Petitioner, an accused in case FIR No.95 dated 13.08.2025, registered against him, for commission of offences punishable under Sections 115(2), 118(1), 118(2), 3(5) of BNS, at Police

Station Rangar Nangal, Batala District Gurdaspur, has prayed for grant of pre-arrest bail.

Learned counsel submits that petitioner has been falsely implicated in the present case. Falsity of the case set up by the prosecution is apparent from the fact that there has been unexplained delay of 04 days in lodging the FIR. Continuing further, learned counsel submits that even if the story as put forth by the complainant is presumed to be true at its face value (though not admitted), the only role attributed to the present petitioner is that he gave three blows with a datar to the complainant. All 03 injuries were declared as 'Simple' in nature. Learned counsel submits that petitioner is ready and willing to join the investigation as and when called for by the Investigating Officer. Notice of motion.

Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of State of Haryana and seeks time to file detailed status report. Mr. G.S. Virk, Advocate has filed his power of attorney on behalf of the complainant, which is taken on record. He opposes the prayer made by the learned counsel for the petitioner. In the meanwhile, the 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.).

Adjourned to 12.12.2025.

Status report by the State be filed well before the next date of hearing with advance copy to opposite counsel. " 6.

Keeping in view the above submissions advanced by learned counsel for the petitioner as also the fact that the petitioner has joined the investigation, interim bail granted vide order dated 13.10.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the

petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 7.

The petition stands allowed.

12.12.2025 ( AARADHNA SAWHNEY ) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No