Shokeen v. State Of Haryana

CRM-M-67994-2025

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-67994-2025 (O&M) Date of Decision: 29.01.2026 Shokeen ......Petitioner Verus State of Haryana ......Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

Mr. Aman Pal, Sr. Advocate with Mr. Sankalp Dhanda, Advocate for the petitioner.

Mr. Shiva Khurmi, DAG, Haryana.

*** ANOOP CHITKARA J.

The present application has been filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to petitioner in FIR No.257 dated 01.08.2023, registered under Sections 148, 149, 186, 332, 333, 342, 353, 302, 307, 395, 397, 427, 120-B of IPC and 25, 54 & 59 of Arms Act, Police Station City Nuh, District Nuh, Haryana. Counsel for the petitioner on instructions, submits that after rejection of the bail, Sections pertaining to Unlawful Activities (Prevention) Act, 1967, (for short 'UAPA') was added.

Once Section 43(d) of UAPA was added, the bail has to be filed before the trial Court afresh and after that right to appeal accrue to the accused if the bail is JYOTI 2026.01.31 12:49 I attest to the accuracy and integrity of this document

 CRM-M-67994-2025 rejected. Since at the time of rejection of the bail, sections pertaining to UAPA were not added, as such, now bail application under Section 483 BNSS, 2023 is not maintainable.

Given above, the present petition is disposed of and the petitioner is permitted to file a fresh bail application before the trial Court. It is clarified that the trial Court shall not be influenced by the observations made while rejecting the bail earlier. All pending application(s), if any, stand closed. (ANOOP CHITKARA) JUDGE (SUKHVINDER KAUR) JUDGE 29.01.2026 jyoti3 Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2026.01.31 12:49 I attest to the accuracy and integrity of this document