Allowed¶25

Malkeet Chand v. State of Punjab

Punjab & Haryana HC12 Aug 2025CRM-M/24463/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; BNS 2023 Sections 115(2), 118(1), 118(2), 351(3), 191(3), 190; FIR No.206 PS Mahilpur Hoshiarpur; simple injuries; custodial interrogation not required; Section 482(2) BNSS conditions; Punjab and Haryana High Court; August 12, 2025.

What did the court decide?

Anticipatory bail under Section 482 BNSS: in the event of arrest, release on furnishing bail/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions under Section 482(2) BNSS; the Investigating Officer may call the petitioner to join investigation, if required, by written notice. ¶25

Malkeet Chand Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in FIR No.206 dated 16.11.2024 registered at Police Station Mahilpur, District Hoshiarpur, under Sections 115(2), 118(1), 351(3), 191(3), 190 of BNS, 2023 (offence under Section 118(2) BNS added on 20.01.2025), is entitled to anticipatory bail under Section 482 BNSS.

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Court's answer

As per the allegations in the FIR, the main injury declared grievous by the doctor is not attributed to the petitioner; the injuries caused by the petitioner were declared simple in nature.

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Ratio / Principle

Custodial interrogation of the petitioner is not required for any purpose; no useful purpose would be served by sending the petitioner behind bars.

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Key takeaways

Without commenting on the merits of the case, the petition is allowed: in the event of arrest, the petitioner is to be released on bail on furnishing bail/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions under Section 482(2) of BNSS.ratio¶25
It will be open to the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice; the petitioner shall abide by the conditions mentioned in Section 482(2) of the BNSS.ratio¶28

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Sukhvinder Kaur, J.) allows a petition under Section 482 BNSS for anticipatory bail to Malkeet Chand, named in FIR No.206 dated 16.11.2024, Police Station Mahilpur, District Hoshiarpur, under Sections 115(2), 118(1), 351(3), 191(3), 190 of BNS, 2023, with offence under Section 118(2) BNS added on 20.01.2025. The grievous injury was attributed to co-accused Harpreet Singh @ Billa, while the injuries attributed to the petitioner were simple; the State opposed citing non-recovery of the kirpaan and need for custodial interrogation. Holding custodial interrogation unnecessary, the Court ordered release on bail in the event of arrest on furnishing bail/surety bonds to the satisfaction of the Arresting/Investigating Officer, subject to Section 482(2) BNSS conditions, with liberty to the IO to summon the petitioner by written notice; no opinion expressed on merits. Earlier interim anticipatory bail by ASJ, Hoshiarpur (order dated 11.12.2024) had lapsed when the petitioner could not join in time due to the IO's bereavement.

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CRM-M-24463-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Sr. No.206

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Case No. : CRM-M-24463-2025 Decided On : August 12, 2025

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Malkeet Chand .... Petitioner vs. State of Punjab .... Respondent

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CORAM : HON’BLE MRS. JUSTICE SUKHVINDER KAUR.

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Present : Mr. Gaurav Rana, Advocate for the petitioner.

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Mr. Navdeep Singh, DAG, Punjab.

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SUKHVINDER KAUR, J. :

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Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.206 dated 16.11.2024, under Sections 115(2), 118(1), 351(3), 191(3), 190 of Bharatiya Nyaya Sanhita (BNS), 2023 (offence under Section 118(2) BNS added later on), registered at Police Station Mahilpur, District Hoshiarpur.

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The aforesaid FIR was registered on the statement of Gagandeep Singh, alleging therein that on 01.11.2024, he was celebrating Diwali festival with his family on the roof top of their house. At about 09:00 PM, Harpreet Singh @ Billa and Manjinder Singh @ Mindi started throwing crackers towards their roof. When the complainant objected, both of them and their father namely Jaswinder Singh started abusing them. MONIKA Thereafter, aforesaid Harpreet Singh @ Billa, Manjinder Singh @ Mindi, 2025.08.13 17:55 I attest to the accuracy and integrity of this document

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CRM-M-24463-2025 2

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Malkit Singh @ Meeka armed with khanda , wooden bat and kirpan respectively came to them. Harpreet Singh @ Billa gave khanda blow, hitting on the left side of his head, Manjinder Singh @ Mindi gave two blows with wooden bat on his shoulders. Then, one Deepak Jhammat armed with khanda and one Deepak Dadra also came there. Deepak Jhammat and Deepak Dadra both gave khanda blows to his brother namely Akashdeep which hit on his forehead and right hand respectively. Malkit Singh @ Meeka also gave kirpan blow which hit on the middle finger of foot of his brother Akashdeep. Thereafter, Harjinder Singh @ Pichu, Balwinder Singh, Ranjit Singh, Jaswinder Singh – sons of Ramji Dass along with two more unknown persons entered their house, abused them and threatened to kill them. The complainant further alleged that when his wife Sunita came for his rescue, the accused persons also caused injuries to her. Meanwhile, many people gathered there and all the assailants fled away from the spot along with their respective weapons.

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Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present FIR. However, the alleged injury attributed to the petitioner is on the index finger of left foot of brother of the complainant. The complainant suffered three injuries out of which injury no.1 was declared grievous (attributed to co-accused Harpreet Singh) and other two injuries were declared simple in nature. He further submitted that earlier, petitioner was granted anticipatory bail by the Court of learned Additional Sessions Judge, Hoshiarpur, vide order dated 11.12.2024 and he was directed to join investigation within 10 days. However, due to sudden demise of father-in-law of Investigating Officer, he

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MONIKA 2025.08.13 17:55 I attest to the accuracy and integrity of this document

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CRM-M-24463-2025 3

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was not joined during that period. The petitioner sought extension of time for joining investigation but during pendency of his application for extension of time, Section 118(2) BNS was added on 20.01.2025. Learned counsel further urged that the petitioner is ready and willing to join investigation and he is not required for any interrogation. He has, therefore, prayed that the petitioner be granted concession of anticipatory bail.

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Status Report on behalf of the respondent – State, filed today in the Court, is taken on record.

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Learned State counsel has opposed the present bail petition and has contended that the petitioner and his co-accused inflicted injuries to the complainant and his family members with a calculative mind. The weapon used by the petitioner in commission of offence i.e. kirpaan, is yet to be recovered and as such, his custodial interrogation is required for fair and proper investigation. So, he does not deserve concession of anticipatory bail.

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Heard.

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As per the allegations in the present FIR, the main injury, which has been declared grievous by the doctor concerned, is not attributed to the petitioner. The injuries caused by the petitioner have been declared to be simple in nature. Custodial interrogation of the petitioner is not required for any purpose. So, no useful purpose would be served by sending the petitioner behind the bars.

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Accordingly, without commenting on the merits of the case, the present petition is allowed. In the event of arrest, the petitioner is ordered to be released on bail, on furnishing bail/surety bonds, to the satisfaction of MONIKA 2025.08.13 17:55 I attest to the accuracy and integrity of this document

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CRM-M-24463-2025

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the Arresting Officer/Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard. The petitioner shall also abide by the conditions mentioned in Section 482(2) of the BNSS.

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However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition.

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Pending application(s), if any, shall stand disposed of along with the present petition.

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August 12, monika	2025	(SU	KHVINDER KAUR) JUDGE
	Whether speaking/reasoned ?	Yes/No.
	Whether reportable ?	Yes/No.

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MONIKA 2025.08.13 17:55 I attest to the accuracy and integrity of this document

Malkeet Chand v. State of Punjab

Case brief

What is this about?

What did the court decide?

Malkeet Chand v. State of Punjab

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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