IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVTAR SINGH – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent
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.
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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 iterated that the Court
below has failed to appreciate the seriousness and gravity of the allegations
while passing the impugned order. Learned counsel has further iterated that the Court below has gravely erred in granting anticipatory bail to respondent No.2 without adverting to the suicide note, which according to the petitioner, constitutes a dying declaration of the deceased. Learned counsel has further submitted that the suicide note specifically attributes acts of harassment, illegal demands and mental cruelty to respondent No.2 and her family members. According to learned counsel, the investigating agency has acted in a biased manner by deliberately withholding the suicide note from forensic examination which weakened the prosecution case and extending undue benefit to the accused-respondent No.2. Furthermore, such conduct itself demonstrates that the accused-respondent No.2 has influenced the investigation and therefore does not deserve the concession of anticipatory bail. Learned counsel has pointed out that respondent No.2, who is the mother-in-law of the deceased, is a citizen of USA poses a serious flight risk and her liberty is likely to prejudice the investigation as well as the trial which facts have completely been ignored by the Court below while granting the concession of anticipatory bail to the respondent No.2. Learned counsel has emphasized that the abetment of suicide is a heinous offence involving loss of human life and requires a strict approach. It has been further argued that the impugned order has been passed in a mechanical manner without application of mind. Thus, keeping in view the gravity of offence, cancellation of the anticipatory bail granted to respondent No.2 is entreated for.
4. Learned State counsel has filed short reply dated 12.01.2026 by way of an affidavit of Raj Kumar, PPS, Deputy Superintendent of Police, Sub Division Nawanshahr, District SBS Nagar and has raised submissions in tandem with the said status report; relevant whereof reads as under:
“9. That it is further submitted that during the course of investigation of this case, on 04.06.2025, the respondent No.2- Paramjit Kaur joined the investigation of this case in compliance of the order dated 29.05.2025, passed by the learned Sessions Judge, Shaheed Bhagat Singh Nagar, in bail application No. BA/651/2025, she was formally arrested in this case and released on bail in compliance of the said order dated 29.05.2025. During her interrogation, she produced photocopies of some documents, which were taken into police possession vide separate memo. The said order dated 29.05.2025 was subsequently, confirmed by the learned Sessions Judge, SBS Nagar vide its order dated 06.06.2025.
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11. That it is further submitted that on 17.07.2025, one parcel containin
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