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Bombay High Court

DILJIT SINGH MANJIT SINGH LABANAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Anticipatory bail is granted to the applicant subject to conditions.

Summary

The applicant, Diljit Singh Manjit Singh Labana, sought anticipatory bail fearing arrest in a FIR alleging assault, stabbing and other offences under the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Police Act, 1951. The incident involved a sudden scuffle between the applicant, his co‑accused and the informant, during which the applicant allegedly used a knife to stab the informant. The prosecution argued that the offences were serious, including an attempt to murder, and that the applicant's prior convictions should preclude bail. The court, after examining CCTV footage, held that the assault was not pre‑meditated, the weapon had already been seized, and custodial interrogation was unnecessary, making the seriousness of the charge a matter for trial. Despite the applicant’s criminal antecedents, the court granted anticipatory bail with a cash bond and several conditions, ordering his release if arrested.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged attempt to murder and other serious offences under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the applicant’s prior criminal convictions bar the grant of anticipatory bail.
  • Whether custodial interrogation is necessary when the alleged weapon has already been seized.

Legislation cited

Subjects

  • anticipatory bail
  • attempt to murder
  • assault
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • Maharashtra Police Act
  • bail conditions
  • criminal procedure

Judgment

P.H. Jayani                                                08 ABA1409.2026.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

              ANTICIPATORY BAIL APPLICATION NO.1409 OF 2026

Diljit Singh Manjit Singh Labana                         …. Applicant
       Vs.
The State of Maharashtra                                 …. Respondent

Mr. Kuldeep Patil i/b. Ms. Saili Dhuru for the Applicant.
Mr. Tanveer Khan for the Respondent – State.
Mr. Mohit Ahuja (through VC) a/w. Mr. Rajesh Ranglani for the Intervenor.
Mr. Dipak Yadav, PSI, Ulhasnagar Police Station, present.

                           CORAM : SHYAM C. CHANDAK, J.
                           DATED : 29th MAY, 2026
                                    (VACATION COURT)

P.C. :-

1)              The Applicant apprehends his arrest in C.R.No.1002/2025

registered with Ulhasnagar Police Station, Dist. Thane, for the offences

punishable under Sections 109, 115(2), 352 and 3(5) of the Bharatiya Nyaya

Sanhita, 2023 and Sections 37(1) and 135 of the Maharashtra Police Act,

1951 on the report dated 08/12/2025 filed by Jay @ Jockey Purshottam

Aalamchandani.

2)              Heard learned Counsel for the respective parties. Perused the

record.

3)              The prosecution case is that on 08/12/2025, at about 04:00

p.m., the first informant was riding on a bike along with his daughter. When

his bike arrived near Dholuram Darbar, Ulhasnagar – 1, suddenly, the car

driven by of the Applicant passed over his bike in a high speed. The



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P.H. Jayani                                               08 ABA1409.2026.doc


informant, therefore, shouted at the Applicant to slow down his car.

However, the Applicant raised a dispute with the informant. Then, the

informant parked his bike. At that juncture, the Applicant and his co-

accused Gurmeet Singh alighted from the car and started beating the

informant giving him fist blows. Then the Applicant sat in the car.

Therefore, the informant questioned the Applicant for assaulting him. At

that juncture, the co-accused Gurmeet Singh caught hold of the informant

from his behind and pulled him. The Applicant threatened the informant

that he will kill him, stabbed him over the stomach and caused him grievous

injuries. Initially, the informant was taken to the Government Hospital and

later on he was shifted to Shraddha General Hospital. On information,

police attended the informant and recorded his statement, therein, he

narrated the incident as above. During investigation, police arrested the co-

accused Vicky Multani, who was present in the car. Said Vicky Multani has

been released on bail by the Sessions Court. The co-accused Gurmeet Singh

has been granted Anticipatory Bail by this Court. The Anticipatory Bail

Application filed by the Applicant came to be rejected by the Sessions Court.

Hence, this Application.

4)            Mr. Patil, the learned Counsel for the Applicant submitted that

the informant has suppressed the material facts. According to him, the

incident has occurred all of a sudden and on account of the aggression by

the informant. Therefore, this is not a case of the offence of Section 109 of

the Bharatiya Nyaya Sanhita, 2023. To substantiate this submission, Mr.


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P.H. Jayani                                                 08 ABA1409.2026.doc


Patil has pointed out at the transcription of the CCTV recording.            In

addition, Mr. Patil submitted that after the incident, the Applicant had

allegedly abandoned the car at some restaurant from where the police seized

that car along with the alleged knife used in the offence, which was found

kept in the car. As such, custodial interrogation of the Applicant is not

necessary for recovery of weapon of the offence. Therefore, this is a fit case

the Applicant can be granted Anticipatory Bail.

5)            Taking exception of the aforesaid submissions, Mr. Tanveer

Khan, the the learned APP submitted that the FIR indicates that only on the

trivial issue, the Applicant removed the knife from his car and stabbed the

informant on the vital parts of the body. Therefore, this is a clear case of the

offence under Section 109 of BNS which is obviously serious. The Applicant

has antecedent of having committed an offence under Section 307 of IPC.

Therefore, the Applicant is not entitled for bail. Mr. Ahuja, the learned

Counsel for the informant has strongly opposed the Application. His

submissions are identical to the submissions made by the learned APP.

6)            I have considered the submissions and perused the record.

Looking at the material on record, I find substance in the submissions made

by Mr. Patil, the learned Counsel for the Applicant.

7)            In this regard, the transcription of CCTV in question revealed

that when the vehicles came close to each other, the informant and the

Applicant stopped their vehicle. Thereafter, the informant parked his bike in

front of the car. Then, the Applicant and co-accused Gurmeet alighted from


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P.H. Jayani                                                  08 ABA1409.2026.doc


the car and started talking with the informant. Then, the Applicant returned

back and sat in the car. However, the informant went to the Applicant and

started pulling him out of the car. Therefore, co-accused Gurmeet pulled the

informed from his behind. Then the three involved in a scuffle and assaulted

each other. During that scuffle, the Applicant removed a knife and stabbed

the informant. The Applicant also kicked the informant on the chest and

slapped him over the cheek.

8)            The aforesaid facts and circumstances indicates that, the

incident has occurred all of a sudden. The assault on the informant was not

premeditated or planned. Therefore, whether the Applicant has committed

the offence of attempt to murder is a question of trial. The weapon of the

offence is already seized by the police. Therefore, custodial interrogation of

the Applicant is not necessary in this case. Charge-sheet is already filed

against the co-accused. No doubt, the Applicant has criminal antecedents,

one of Section 307 IPC and another under Section 281 of BNS. However, he

is on bail in both the said offences. In view thereof, the Applicant deserves

for Anticipatory Bail . Hence, the following Order :-

              (a)         The Application is allowed.


              (b)         In the event of the arrest of the Applicant – Diljit
              Singh    Manjit    Singh    Labana        in   connection     with
              C.R.No.1002/2025, under Sections 109, 115(2), 352 and 3(5) of
              the Bharatiya Nyaya Sanhita, 2023 and Sections 37(1) and 135
              of the Maharashtra Police Act, 1951, registered with Ulhasnagar
              Police Station, Dist. Thane, he shall be forthwith released on

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       P.H. Jayani                                                    08 ABA1409.2026.doc


                      bail, on his furnishing P.R. bond in the sum of Rs.50,000/- with
                      one or two sureties in the like amount.

                      (c)          The Applicant shall attend at Ulhasnagar Police
                      Station on 1st date of each calender month till the trial in the
                      said crime is over.


                      (d)          The      Applicant   shall   not   tamper   with    the
                      prosecution evidence and shall not threaten the prosecution
                      witnesses.

                      (e)          The Applicant shall furnish his address and contact
                      details to the Police Station and a change therein, if any.


                      (f)          The Applicant shall not commit any offence.


                      (g)          If the Applicant disobeyed any of the above
                      conditions, the anticipatory bail granted herein shall stand
                      cancelled without further reference to this Court or the trial
                      Court.

       9)             Application stands disposed of in aforesaid terms.



  PREETI                                                (SHYAM C. CHANDAK, J.)
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.05.29
21:07:30 +0530




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