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2026 Supreme(Online)(P&H) 393

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVTAR SINGH – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The petitioner filed a petition under Section 483(3) of the BNSS, 2023, seeking to set aside the anticipatory bail granted to respondent No.2 by the Sessions Judge, SBS Nagar (!) .

  • The grounds for the petition include alleged failure of the Court below to consider the seriousness of the allegations, particularly the suicide note which is claimed to be a dying declaration attributing acts of harassment, illegal demands, and mental cruelty to respondent No.2 and her family (!) .

  • The petitioner contends that the investigating agency may have acted in a biased manner by withholding the suicide note from forensic examination, which could weaken the prosecution's case and suggest possible influence over the investigation by respondent No.2, who is a citizen of the USA and poses a flight risk (!) .

  • The petitioner emphasizes the gravity of the offence, which involves abetment to suicide, and argues that the order granting anticipatory bail was passed mechanically without proper application of mind (!) .

  • The respondent No.2's counsel defends the order, asserting that the order was well reasoned, and that respondent No.2 has cooperated with the investigation, with no evidence of misuse of liberty or attempts to influence witnesses (!) .

  • The investigation has been progressing lawfully, with the suicide note being sent for forensic examination, and the statement of the deceased indicating harassment by respondent No.2 and her co-accused (!) (!) (!) .

  • The Court notes that the petition primarily seeks to cancel the anticipatory bail based on allegations of serious misconduct and the gravity of the offence, but finds no concrete or supervening circumstances that justify such cancellation (!) .

  • The Court emphasizes that the considerations for grant and cancellation of bail are distinct; cancellation requires evidence of misuse or supervening circumstances, which are absent here (!) (!) .

  • The Court concludes that the order granting anticipatory bail was well reasoned and that no new or supervening material has been presented to warrant its cancellation (!) (!) .

  • Accordingly, the petition to set aside the anticipatory bail is dismissed, reaffirming the importance of judicial discretion and the need for concrete grounds in such applications (!) .

  • The Court clarifies that its observations do not express an opinion on the merits of the case itself and disposes of any pending applications (!) .

Please let me know if you need further assistance or analysis.


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Avtar Singh ....Petitioner V/s State of Punjab and another ....Respondents Date of decision: 23.01.2026 Date of Uploading : 23.01.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Naveen Kumar, Advocate for the petitioner.

Mr. Adhiraj Singh Thind, AAG Punjab.

Mr. Onkar Singh Batalvi, Advocate for respondent No.2.

*****

SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 483(3) of the BNSS, 2023 read with Section 528 of BNSS, 2023 seeking setting-aside of anticipatory bail granted to respondent No.2 vide order dated 06.06.2025 (Annexure P-4) passed by Sessions Judge, SBS Nagar in FIR No.59 dated 19.03.2025 registered for offences punishable under Section 108 of BNS at Police Station City Nawanshahr.

2. The relevant portion of the order passed by Sessions Judge, Mohali, reads as under:

“In view of the statement of HC Ravi Kumar, interim order dated

29.05.2025 is hereby made absolute. Applicant-accused, namely, Paramjit Kaur shall abide by conditions incorporated in Section 482(2) BNSS. The bail application stands disposed of. Papers be consigned to the Record Room.”

3. Learned counsel for the petitioner has itera

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