[Cites 5, Cited by 0]
Punjab-Haryana High Court
Harpal Singh Alias Ajju vs State Of Punjab on 11 March, 2026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
102
1) CRM-M-28078-2025
Decided on : 11.03.2026
Harpal Singh alias Ajju
. . . Petitioner(s)
Versus
State of Punjab
. . . Respondent(s)
2) CRM-M-28264-2025
Nikka @ Harpreet Singh
. . . Petitioner(s)
Versus
State of Punjab
. . . Respondent(s)
3) CRM-M-29459-2025
Jhimma Singh @ Baljinder Singh
. . . Petitioner(s)
Versus
State of Punjab
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. K.S. Kahlon, Advocate
for the petitioner(s) (in CRM-M-28078-2025).
Mr. Akun Sheemar, Advocate
for the petitioner(s)
(in CRM-M-28264-2025 & CRM-M-29459-2025).
Mr. Neeraj Madaan, Sr. DAG, Punjab.
****
SANJAY VASHISTH, J. (Oral)
1. This order shall dispose of CRM-M-28078-2025, CRM-M-
28264-2025 and CRM-M-29459-2025, as all the petitions are interconnected
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CRM-M-28078-2025 & CONNECTED CASES -2-
and have arisen out of same FIR. However, the lead case is CRM-M-28078-
2025.
2. Prayer in this petition, filed under Section 482 of the BNSS,
2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the
petitioner(s), who have been booked in a criminal case arising out of First
Information Report, as detailed hereunder:-
Name of Petitioner(s) FIR Date Section(s) Police District
No. Station
Harpal Singh alias 27 13.04.2025 111 of BNS, 2023 Chatiwind Amritsar
Ajju (petitioner in Rural
CRM-M-28078-2025)
Nikka @ Harpreet
Singh (petitioner in
CRM-M-28264-2025)
Jhimma Singh @
Baljinder Singh
(petitioner in CRM-M-
29459-2025)
3. In the present cases, following common order was passed on
27.05.2025:-
" On 21.05.2025, the following joint order was passed in
CRM-28078-2025 & CRM-M-28264-2025:-
"1. Petitioners are seeking concession of anticipatory bail in
case, FIR No.27, dated 13.04.2025, u/s 111 of BNS, 2023,
registered at P.S. Chatiwind, Distt. Amritsar Rural. 2. The FIR in
question has been registered on the basis of the secret information
against total 6 persons namely, (1) Gurbhej Singh @ Lalli; (2)
Harpal Singh @ Ajju; (3) Nikka @ Harpreet Singh; (4) Jhimma;
(5) Prince Pal; and (6) Sheela Singh @ Pargat Singh. As per the
secret information, the aforementioned six persons have made a
gang to carry out snatching and looting and lot of criminal cases
under the Narcotic Drugs and Psychotropic Substances Act, are
lying registered against them.
Further, received information disclosed that these people
are planning to carry out snatching and looting in the bushes near
bridge on river Bhoru. All of them were alleged to be armed with
dangerous weapons.
3. In the FIR, it is further narrated that on seeing the police
party, one person namely, Gurbjej Singh @ Lalli, was nabbed and
all other succeeded in fleeing from the spot. However, there and
then arrested accused in his disclosure statement confirmed the
presence of all other named accused and thereupon, one datar, one
iron rod, one kirch and one baseball were recovered from the
grass.
It is also noticed from the FIR that the team of the police
officers which proceed to conduct the raid, was consisting of ASI
Tarsem Singh, ASI Mehalm Singh 954, ASI Baljit Singh 222 and
PHG Satnam Singh 2861, while boarding in a private vehicle
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without registration number (no registration number is given)
along with personal laptop, printer and other accessories required
for patrolling in search of bad elements of the society.
4. This Court noticed that the team of four police officials
had conducted raid upon the place disclosed in the secret
information, for nabbing total six accused, about whom police
team had already been informed that they all are armed with
dangerous weapons. It appears that no satisfaction has been
recorded after receipt of the secret information (if any actually
received), by examining/verifying the antecedents of all the six
accused. To understand the definition of weapons that too
dangerous, we need to look into the provisions of the Bharatiya
Nyaya Sanhita, 2023.
5. Learned Senior Deputy Advocate General, Punjab could
not point out that any of the articles shown to be recovered in the
present case from the grass area falls within the definition of
weapon, what to talk of the dangerous. Also, there is nothing
mentioned in the FIR that any information with regard to
receiving of secret information by the police team, while they
were present near Adda Bhoru, was forwarded for its recording in
Daily Diary Register (DDR) in the concerned police station. No
such clarification comes out from the FIR.
6. On advance notice, Mr. Neeraj Madaan, Senior Deputy
Advocate General, Punjab, on being asked by the Court, informs
that one case under NDPS Act, which is under-trial, is found to be
registered against accused Harpal Singh @ Ajju and against
accused Nikka @ Harpreet Singh, only one case under Excise Act
was registered, in which he was convicted on 24.05.2023.
Anticidents qua other named accused, State is yet to respond.
7. In view of all the aforementioned circumstances noticed
by this Court and recorded hereinabove, it seems that it would be
apt to exercise the power with the Hon'ble High Court under
Section 482 Cr.P.C.
8. In the given circumstances, this Court has rasied serious
doubt as to whether police officials have exercised the power
within the permissible limit under the law or exercised the same
arbitrarily. Facts in the present case need to be examined minutely
because of severe sentence provided under the law.
If not so, a clarification is required in black and white as
to how the registration of FIR in the present case is justified and
why the same should not be quashed by directing to take strict
action against the lodger of the FIR.
9. Notice is being issued to the respondents to call for their
response as to why the FIR in question, be not quashed at this
stage.
10. Questions paused by this Court, need to be answered by
the State in the status report, which is directed to be filed on or
before the next date fixed.
List on 27.05.2025.
To be shown in the urgent list.
11. Copy of order be immediately forwarded to the Advocate
General, Punjab and the Director General of Police, Punjab, for
their acknowledgement and necessary action thereon to avoid the
passing of unpleasant direction by this Court.
12. Photocopy of this order be placed on the connected file."
Today three cases are listed. All the cases are taken up
together as the FIR in question and facts of all the cases are same.
Notice of motion.
On advance notice, Mr. Jasdeep Singh, Addl. A.G.Punjab
appears and prays for some time to file exhaustive common status report
after examining all the relevant facts.
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May do so.
List on 30.07.2025.
In the meanwhile, the petitioner(s) in their respective cases
shall not be arrested by the police in the FIR in question.
Photocopy of this order be placed on the connected files."
4. Today, learned State counsel informs that, as per paragraph No.5
of the status report filed in CRM-M-28078-2025, upon examination of the
complete facts, the offence under Section 111 of the BNS has been deleted in
the present case(s), and Sections 310(4) and 310(5) of the BNS, i.e.
preparation for committing dacoity, have been added.
5. In view of the stand taken by the State in all the aforementioned
anticipatory bail petitions, this Court finds it appropriate to grant the
concession of anticipatory bail to the petitioners.
6. Accordingly, the petitioners are directed to join the investigation
within two weeks from today, or as and when called by the Investigating
Agency. In the event of their arrest, the petitioners shall be released on
anticipatory bail, subject to their furnishing bail bonds to the satisfaction of
the Arresting Officer. The petitioners shall also abide by all the conditions
laid down under Section 482(2) of the BNSS, 2023 (earlier Section 438(2)
Cr.P.C.).
7. It is further directed that the petitioners shall hand over their
respective passports to the Investigating Agency or to the Court concerned, if
they possess the same. In case they do not possess any passport, they shall
submit an affidavit to that effect.
It is also directed that before leaving the country at any time
during the trial, the petitioners shall seek prior permission from the Court.
8. However, it shall be open to the petitioner(s) to challenge the
sustainability of the allegations/FIR by filing an appropriate petition, in
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accordance with law.
It is further clarified that since offences under Sections 310(4)
and 310(5) of the BNS, 2023 have been added subsequently, the present bail
order shall be deemed to be applicable to the said offences as well.
9. With the directions issued here above, present petitions stand
disposed of.
Pending misc. application(s), if any, also stand disposed of.
Photocopy of this order be placed on the files of other connected
cases.
(SANJAY VASHISTH)
JUDGE
March 11, 2026
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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