Punjab & Haryana High Court Grants Pre-Arrest Bail To Judge's Personal Security Officer Who Allegedly Tried To Open Fire On Court Officer

The Punjab and Haryana High Court has granted pre-arrest bail to the personal security officer (PSO) of a sitting High Court judge, who allegedly attempted to open fire on a court officer during a heated altercation.

The Chief Court Officer, Dalvinder Singh, filed a complaint stating that during a heated argument, ASI Dilbagh Singh pulled out his gun to open fire, but the bullet was not shot as a result of a failed attempt.

Justice N.S. Shekhawat said, "keeping in view the fact that the petitioner has tendered an unconditional apology to the complainant in Court itself, this Court has taken a lenient view of the matter and the petition is allowed."

The Court however added that, the allegations leveled by the complainant against the petitioner are serious in nature and being a member of disciplined force, the petitioner is also expected to behave in a responsible manner.

"Even otherwise, the petitioner was on security duty before this Court and he should have acted in more disciplined and careful manner," it added.

Counsel for the petitioner contended that no gun shot was fired and the complainant had allegedly suffered simple injuries. No injury suffered by the complainant/injured has been declared to be dangerous to life and the offence under Section 109 (1) of BNS has been wrongly invoked by the police.

It was further contended that it has been wrongly alleged that the petitioner had tried to fire at the complainant as the 10 rounds in 9 mm standard service pistol were found to be complete and there was no question of firing at the complainant. In fact, there was exchange of hot words between the parties and even the petitioner had suffered injuries in the alleged incident, he added.

During the course of hearing, the petitioner and complainant were also heard by the Court and the Petitioner tendered an unconditional apology to the complainant.

The petitioner stated that the occurrence had taken place in the heat of the moment and he had high regards for the complainant in the present case. He apologized to the complainant and stated that in future, he will never approach the complainant nor would cause any harm to him or any other family member.  

An affidavit was filed by the petitioner in this regard and the same is also taken on record.

Mr. Samay Singh Sandhawalia, Advocate for the petitioner.

Mr. Manish Bansal, P.P. for U.T., Chandigarh.

Title: ASI Dilbag Singh v. State of Union Territory, Chandigarh.

Click here to read/download the order