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High Court of Punjab and HaryanaCRM-M/59130/2025allowed

Makhan Singh v. State Of Punjab

2025-11-04Ms. Justice Aaradhna Sawhney3 pages

 

       

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3.

On 17.10.2025, following order was passed by this Court:- "Petitioner, an accused in case FIR No.89 dated 01.09.2025, registered against him, for commission of offences

 punishable under Sections 109, 125, 191(3), 190 of BNS and Sections 25, 27, 54, 59 of Arms Act, at Police Station Kacha Pakka, District Tarn Taran, has prayed for grant of pre-arrest bail.

Learned counsel submits that petitioner has been falsely implicated on account of some political rivalry. The incident did not occur in the matter as portrayed by complainant party. In any case, even if the allegations levelled in the complaint are taken to be true at its face value (though not admitted), the role attributed to the petitioner is that though he was armed with weapon (Kirpan) and was a member of unlawful assembly, which unleashed an attack on complainant, but he did not actually participate in the incident and thus, no injury is attributed to him. Learned counsel further submits that the main accused (coaccused Salwinder Singh) has since been arrested, as also that petitioner is willing to join the investigation as and when called for by the IO.

Notice of motion.

Mr. Jatinder Pal Singh, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State and seeks time to file detailed status report.

Adjourned to 04.11.2025.

To be heard along with CRM-M-54960-2025.

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.)."

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