CRM-M-1657-2025 (O&M) -1- 211 (1st case) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1657-2025 (O&M) Date of decision: 25.02.2025 Paramjeet Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Manish, Advocate for Mr. Vikas Gupta, Advocate for the petitioner. Ms. Manjot Kaur, AAG, Punjab for the respondent. None for the complainant. ****** MAHABIR SINGH SINDHU, J. CRM-5018-2025 Application for impleading the complainant-Nishan Singh s/o late Shri Balbir Singh as respondent No.2. It transpires that notice of the application has already been issued to the non-applicant/respondent by this Court vide order dated 10.02.2025. Learned State Counsel as well as learned Counsel for the petitioner submit that they have no objection if the present application is allowed. GAGANDEEP 2025.02.27 18:55 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-1657-2025 (O&M) -2- In view of above and for the reasons mentioned in the application, which is supported by way of an affidavit of the applicant/complainant, the same is allowed subject to all just exceptions. Complainant-Nishan Singh is ordered to be impleaded as respondent No.2. Amended Memo of Parties, annexed with the application, be tagged at appropriate place. Registry to do the needful. MAIN CASE Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No.133 dated 27.09.2024 (P-1), under Sections 420, 467, 468, 471 & 120-B of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Jhabal, District Tarn Taran. (2) Above FIR was registered on the basis of statement made by de facto complainant-Nishan Singh with the allegations that petitioner along with other co-accused fraudulently transferred the land, measuring 17 Kanals in favour of co-accused Hira Singh. (3) Learned Counsel contends that petitioner was granted interim relief by this Court, vide order dated 22.01.2025 and in pursuance thereof, he has already joined the investigation; hence, his custodial interrogation is not required. (4) Learned State Counsel, on instructions from SHO Charanjit Singh, acknowledged the above factual position and submits that as on today, GAGANDEEP 2025.02.27 18:55 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-1657-2025 (O&M) -3- custodial interrogation of the petitioner is not required. Short reply by way of an affidavit dated 24.02.2025 of Sh. Kamalmeet Singh, DSP, Sub Division Tarn Taran has been filed. The same is taken on record. Copy thereof supplied to the opposite side. Registry to tag the affidavit at appropriate place. (5) Heard learned Counsel for the parties and perused the paper- book. (6) It is not in dispute that petitioner was granted interim bail by this Court, vide order dated 22.01.2025 and the order passed in the main case reads as under:- “Contends, inter alia, that petitioner is not the beneficiary of alleged transaction; sale deed in question was executed way back on 13.07.2009 and civil suit regarding the same is already pending between the parties. Notice of motion. Mr. Kunwarbir Singh, learned AAG., Punjab accepts notice on behalf of the respondent; seeks time to have instructions and/or to file response in the matter. At this stage, Mr. Sanyam Malhotra, Advocate appears (through V.C.); accepts notice on behalf of the complainant and seeks time to have instructions. Posted for 25.02.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer, but he be not arrested till the next date of hearing.” GAGANDEEP 2025.02.27 18:55 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-1657-2025 (O&M) -4- (7) It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and his custodial interrogation is not required. (8) In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 22.01.2025 is made absolute subject to the conditions as envisaged under Section 482 (2) of the BNSS. (9) It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. (10) The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. (11) It is also clarified that in case of any recurrence on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 25th February, 2025 ( MAHABIR SINGH SINDHU ) Gagan JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GAGANDEEP 2025.02.27 18:55 I attest to the accuracy and authenticity of this document High Court Chandigarh