Bombay High Court
DILJIT SINGH MANJIT SINGH LABANAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHYAM C CHANDAK
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 3(5), 352
- Indian Penal Code, 1860 — s. 307
- Maharashtra Police Act, 1951 — s. 135, 37(1)
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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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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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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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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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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