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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 207
CRM-M-60659-2024
Date of decision: April 01, 2025
MANWINDER KUMAR
...Petitioner Versus
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Nikhil Chopra, Advocate for the petitioner.
Mr. Amit Rana, Sr. DAG, Punjab.
MANJARI NEHRU KAUL, J. (ORAL)
1.
The instant petition has been filed by the petitioner under Section 482 of BNSS, 2023 seeking grant of anticipatory bail in case FIR No.65 dated 03.06.2024 under Sections 323, 308, 304, 34 of the Indian Penal Code, 1860, registered at Police Station Kartarpur, District Jalandhar.
2.
After issuing notice of motion on 04.12.2024, the petitioner had been granted interim bail by this Court, with direction to join investigation and the relevant part of the order dated 04.12.2024 reads as under:-
“Learned counsel for the petitioner submits that although the petitioner was named in the FIR in question, which has been annexed as Annexure P-1, however, there was no specific injury attributed to him in the crime in question; the co-accused had, in the meanwhile, been challaned and were facing trial. It has been submitted by the learned counsel that all the material witnesses including the complainant had not supported the case of the prosecution, resulting in all of them being declared hostile. On a pointed query put to the learned counsel as to whether the petitioner was a proclaimed offender or any proceedings under Section 82 of the Cr.P.C. had been initiated against him, he has categorically replied in the negative.”
Jaspreet Kaur 2025.04.02 10:17 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-60659-2024
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3.
Learned counsel for the petitioner reiterates that the no offence is made out against the petitioner and no injury is attributed to him. He submits that in compliance of order dated 04.12.2024, the petitioner has joined investigation and cooperated with the investigating agency.
4.
Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation, much less for their custodial interrogation.
5.
In view of the above, the petition is allowed, and interim order dated 04.12.2024 is made absolute, subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.
April 01, 2025
(MANJARI NEHRU KAUL) Jaspreet Kaur
JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No Jaspreet Kaur 2025.04.02 10:17 I attest to the accuracy and integrity of this document Chandigarh