GURMAIL CHAND AND ANOTHER v. STATE OF PUNJAB

Court: High Court of Punjab and Haryana

Bench: MR. JUSTICE ALOK JAIN

Judgment date: 2026-04-24

Case summary

High Court of Punjab and Haryana judgment dated 2026-04-24. GURMAIL CHAND AND ANOTHER v. STATE OF PUNJAB. Read the judgment and case details on LawSphereX.

Judgment text

-1- CRM-M-1707317073-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHCHANDIGARH (101) CRM-M-17073-2026 (O&M) Date of Decision:- 24. 04. 2026 24. 04. 2026 GURMAIL CHAND AND ANOTHERGURMAIL CHAND AND ANOTHER ……Petitioners……Petitioners Versus STATE OF PUNJABSTATE OF PUNJAB ……Respondent……Respondent CORAM: HON’BLE MR. JUSTICE ALOK JAINALOK JAIN **** Present: Mr. Sunil Kumar Rohilla, Advocate for the petitioners. Kumar Rohilla, Advocate for the petitioners. Mr. Japjot Singh AAG, Punjab. Mr. Japjot Singh AAG, Punjab. ***** ALOK JAIN, J. (Oral)ALOK JAIN, J. (Oral) 1. TheTheThe present present present petition petition petition has has has been been been filed filed filed seeking seeking seeking grant grant grant of of of Anticipatory Bail to the petitioners in a Criminal Case arising out of G. D. Anticipatory Bail to the petitioners in a Criminal Case arising out of G. D.

Anticipatory Bail to the petitioners in a Criminal Case arising out of G. D. Anticipatory Bail to the petitioners in a Criminal Case arising out of G. D. No. 27 dated 26. 12. 2025 (PNo. 27 dated 26. 12. 2025 (P-3) (cross case of FIR No. 204 dated 22. 11. 2025)3) (cross case of FIR No. 204 dated 22. 11. 2025)3) (cross case of FIR No. 204 dated 22. 11. 2025) (P-1) under Sections 115(2), 118(1), 118(2), 74, 333,1) under Sections 115(2), 118(1), 118(2), 74, 333,1) under Sections 115(2), 118(1), 118(2), 74, 333, 324(4), 351(3), 324(4), 351(3), 303(2), 190, 191(3) BNS and (section 117(2) BNS added later on)303(2), 190, 191(3) BNS and (section 117(2) BNS added later on)303(2), 190, 191(3) BNS and (section 117(2) BNS added later on) at Police Police Station Sadar Nakodar, Jalandhar, District Jalandhar. Station Sadar Nakodar, Jalandhar, District Jalandhar. Station Sadar Nakodar, Jalandhar, District Jalandhar. 2. Vide order dated 30. 03.

2026,, this Court while granting the this Court while granting the concessionconcessionconcession of of of interim interim interim anticipatory bail anticipatory bail anticipatory bail directe directe directedd the petitioner the petitioner to to join join investigation. investigation. 3. At the outset, learned State counsel has pointed out that,earned State counsel has pointed out that,earned State counsel has pointed out that, inadvertentlyinadvertently the wrong time has been mentioned in the earliermentioned in the earlier MLR, MLR, however, clarified in this regard thathowever, clarified in this regard that victim’s arrival at the hospital wasvictim’s arrival at the hospital wasvictim’s arrival at the hospital was recorded as 10:15as 10:15 a. m, and the examination was conducted at 10:30, and the examination was conducted at 10:30 a. m. a. m. 2026. 04.

28 09:56 I attest to the accuracy and integrity of this document -2- CRM-M-1707317073-2026 (O&M) However,However, he could he could not deny not deny thatthatthat in in in the FIR lodged the FIR lodged the FIR lodged by the by the by the present present present petitioner, the statement ofthe statement of alleged victim in present GDalleged victim in present GD was not recorded. 4. Learned State counsel, on instructions from ASILearned State counsel, on instructions from ASI Tirath Ram Tirath Ram submits that the petitioner has joined the investigation and his custodialsubmits that the petitioner has joined the investigation and his custodialsubmits that the petitioner has joined the investigation and his custodialsubmits that the petitioner has joined the investigation and his custodial interrogation is no longer required. interrogation is no longer required. 5. In view of above, the petition is allowed. The order datedIn view of above, the petition is allowed.

The order datedIn view of above, the petition is allowed. The order dated 30. 03. 2026 granting interim anticipatory bail to the petitioner, is magranting interim anticipatory bail to the petitioner, is madede absolute. However, the petitioner shall join the investigation as and whenabsolute. However, the petitioner shall join the investigation as and whenabsolute. However, the petitioner shall join the investigation as and whenabsolute. However, the petitioner shall join the investigation as and when called upon to do so by the Investigating Agency and shall abide by thecalled upon to do so by the Investigating Agency and shall abide by thecalled upon to do so by the Investigating Agency and shall abide by thecalled upon to do so by the Investigating Agency and shall abide by the conditions of Section 482 BNSS. conditions of Section 482 BNSS. 6.

However, nothing stated above shall be construed as a finalHowever, nothing stated above shall be construed as a finalHowever, nothing stated above shall be construed as a final expression of opinion on the merits of the case. of opinion on the merits of the case. of opinion on the merits of the case. 7. It is made clear that, in case, the petitioner is found involved inIt is made clear that, in case, the petitioner is found involved inIt is made clear that, in case, the petitioner is found involved in anyanyanyany such such such such activity activity activity activity once once once once again, again, again, again, the the the the present present present present concession concession concession concession granted granted granted granted shall shall shall shall automatically stand vacated. automatically stand vacated. 8.

However, it is made clear that this order shHowever, it is made clear that this order shall not be construedall not be construed as parity quaqua any other co-accused. 9. Pending application(s), if any, stands disposed of. Pending application(s), if any, stands disposed of. (ALOK JAIN) April 24, 2026April 24, 2026 JUDGE manju Whether speaking/reasoned:Whether speaking/reasoned:- Yes/No Whether Reportable:r Reportable:- Yes/No 2026. 04. 28 09:56 I attest to the accuracy and integrity of this document

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