Munish Alias Shami Pandit v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 Date of Decision: 25.02.2026 MUNISH ALIAS SHAMI PANDIT

...Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MS. JUSTICE MANDEEP PANNU Present:- Mr. Rajeev Dev Sharma, Advocate for the petitioner.

Mr. Sahil Chowdhary, AAG, Punjab.

***** MANDEEP PANNU, J. (Oral) 1.

This is the first petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in FIR No. 0017 dated 12.02.2025, registered under Sections 109, 132, 221, 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Division No. 1, District Pathankot, Punjab.

2.

Briefly stated, the case of the prosecution is that FIR No. 0017 dated 12.02.2025 was registered on the complaint of Dr. Akash Chaudhary, Civil Hospital, Pathankot. It is alleged that on 12.02.2025 at about 12:30 PM, injured Manik Kalsi was brought to the hospital with head injuries. On being asked, he stated that he had been assaulted outside the Bus Stand, Pathankot by co-accused Love and Munish (son of the present petitioner). 3.

It is further alleged that thereafter the present petitioner Munish alias Shami Pandit, along with his son and other co-accused, armed with weapons including a datar, stick and baseball bat, entered the Civil Hospital

and attacked Manik Kalsi inside the doctor's room with an intention to kill him. The petitioner is specifically attributed a datar blow on the head of Manik Kalsi. When Sanjeev Kumar and ASI Gulshan Kumar intervened, they were also allegedly assaulted, and Sanjeev Kumar sustained injuries. As per the medical report, Manik Kalsi suffered five injuries. 4.

Learned counsel for the petitioner has argued that none of the injuries has been opined to be dangerous to life. It is further submitted that despite the lapse of about one year, no prosecution witness has been examined in the present case. On these grounds, it is prayed that the petitioner be released on regular bail.

5.

On the other hand, learned State counsel has opposed the prayer for bail and submitted that serious allegations have been levelled against the petitioner for causing head injury to the injured Manik Kalsi. It is contended that there are five injuries on the person of Manik Kalsi, out of which three injuries have been specifically attributed to the present petitioner and, therefore, he does not deserve the concession of regular bail. 6.

I have heard learned counsel for the parties and perused the record. A perusal of the medical record reveals that five injuries allegedly suffered by Manik Kalsi were kept under observation and were advised Xray examination, however, he did not appear for the same and, therefore, the final nature of certain injuries could not be opined. It is evident from the record that Sanjeev Kumar also sustained injuries during the occurrence. However, he did not come forward to join the investigation before the Investigating Officer, and consequently, his Medico-Legal Report (MLR) could not be conducted/prepared.

7.

Though the exact nature and classification of the injuries have not been expressly specified on record, it is evident that the seat of injury on the person of Manik Kalsi is a vital part of the body, namely the head. The material further reflects that the injured was struck with a Datar, a sharpedged weapon, and that a blow was inflicted on his head as well as on his right arm.

8.

The seat of the injury, being a vital organ, coupled with the nature of the weapon used and the manner of assault, prima facie demonstrates the seriousness and potential lethality of the act attributed to the accused. Materials witnesses are yet to be examined. 9.

Consequently, this Court finds no merit in the present petition, and the same is hereby dismissed.

10.

However, anything stated hereinabove shall not be construed as an expression of opinion on the merits of the case. 11.

All pending applications, if any, also stand disposed of. (MANDEEP PANNU) 25.02.2026 JUDGE Anu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No