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Why Punjab and Haryana High Court rejected man’s pre-arrest bail plea despite ‘settlement’ in assault case

The case stems from an FIR registered in 2025, wherein the complainant alleged that the petitioner and others forcibly entered his house, assaulted him and vandalised property.

punjab and haryana high court assault settlementThe so-called settlement does not appear to be a voluntary act flowing from free will, but an outcome of intimidation by the petitioner, the Punjab and Haryana High Court stated. (Image generated using AI)

Punjab and Haryana High Court news: The Punjab and Haryana High Court recently dismissed the anticipatory bail plea of an accused who relied on an alleged compromise with the complainant, cautioning that the agency of the court cannot be reduced to a bargaining tool in the hands of a powerful individual.

Justice Aaradhna Sawhney passed the order on the third plea for grant of anticipatory bail filed by a man booked for allegedly assaulting the complainant.

Aradhana-Sawhney-paunjab-and-haryana-high-court_ Justice Aaradhna Sawhney said it is evident that the accused misused his position to coerce the complainant.

“Petitioner and his other accomplices barged inside the house of the complainant, ransacked the house, mercilessly assaulted him, who suffered five injuries. Even the whereabouts of other accused are not known. The Court is duty bound to protect the innocent victims and the agency of the Court should not be reduced to a bargaining incident in the hands of a powerful individual,” the court noted in its order dated March 17.

‘So-called settlement not voluntary’

  • The only changed circumstance put forth by the petitioner is that the parties have amicably resolved their dispute and have entered into a compromise.
  • It is settled that a second petition for the grant of anticipatory bail can be filed only if there has been a substantial change in the circumstances since the dismissal of the first one.
  • The court has examined the purported compromise produced along with the petition.
  • Material on record and the conduct of the petitioner, who claims to be a worker of a political party, during the period between the dismissal of the petition and filing of the first petition raises serious concern.
  • Despite the rejection of his first anticipatory bail petition and withdrawal of the second petition seeking similar relief, the petitioner was not arrested.
  • Instead, he was allowed complete liberty and an unwarranted space by the investigating agency which enabled him to interact with, approach, and ultimately exert pressure upon the complainant party to sign the so-called compromise.
  • From the sequence of events and timing of compromise, at least at this stage, it can be inferred that the so-called settlement is not a voluntary act flowing from free will.
  • Rather, it appears to be an outcome of influence, intimidation by the petitioner and thus, it is evident that he has misused his position to influence/coerce the complainant.
  • It also raises a serious question mark on the efficiency of the investigating officer.
  • Viewed in the light of the factual scenario of the case, no ground is made out to grant the relief sought, for the so-called compromise deed is not a ‘changed circumstance’ warranting this court to take a different view.
  • The petitioner has failed to make out a case of exceptional depravity/hardship in his favour entitling him for the grant of this extra ordinary relief of pre-arrest bail.

Assault and vandalism

  • The case stems from a First Information Report (FIR) registered in October 2025, wherein the complainant alleged that the petitioner, along with several others, forcibly entered his house late at night, assaulted him and another person, and vandalised household property.
  • Medical records indicated that the complainant suffered a head injury, while the other victim sustained multiple injuries, including those caused by sharp-edged weapons.
  • This was the petitioner’s third attempt to secure anticipatory bail. His first plea had been dismissed on merits, while the second was withdrawn.
  • In the present petition, the accused relied on a compromise deed entered into with the complainant as a “changed circumstance.”

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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