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2025 DAILYLAW 14372 (PNJ)

AVINASH GILL ALIAS AVINASH KUMAR ALIAS PAROTHA v. STATE OF PUNJAB

CRM-M/2831/2025 · 2025-05-26

Sanjiv Berry

body2025

Judgment text

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205 CRM-M-2831-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-2831-2025 Date of decision: 26.05.2025 AVINASH GILL ALIAS AVINASH KUMAR ALISA PAROTHA ….Petitioner Versus STATE OF PUNJAB ....Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Sumeet Puri, Advocate for the petitioner. (Through V.C.) Mr. K.D. Sachdeva, DAG Punjab. ..… SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 BNSS, 2023, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: - FIR No. Dated Sections Police Station 241 24.10.2023 379-B, 34, 411 IPC City Sunam, District Sangrur 2. Learned counsel for the petitioner submits that in compliance to the order dated 07.03.2025, the petitioner has joined the investigation. 3. During the course of hearing on 07.03.2025, following order had been passed: - “ Affidavit of Senior Superintendent of Police, District Sangrur, has been filed. The same is taken on record. Copy Puneet Sharma 2025.05.28 10:58 I attest to the accuracy and authenticity of this order/judgment 205 CRM-M-2831-2025 -2- thereof has been supplied to learned counsel for the petitioner. 2. Heard. 3. ASI Mithu Ram, Investigating Officer of the case, is present in Court. 4. After hearing the submissions and perusing the record, it transpires that the alleged recovery in the case has already been effected from co-accused Raju Kumar alias Bata. It is also not disputed that the petitioner had not come to the spot when co-accused Raju was apprehended along with the stolen articles. 5. Be it the case, without commenting on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482 (2) of BNSS, 2023. 6. Investigating Officer of the case to remain present along with record on the next date of hearing. 7. List on 27.03.2025.” 4. Learned State counsel on instructions received from ASI Ram Singh informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation. 5. Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 07.03.2025 passed by this Court, interim Puneet Sharma 2025.05.28 10:58 I attest to the accuracy and authenticity of this order/judgment 205 CRM-M-2831-2025 -3- bail granted vide order dated 07.03.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 6. The petition stands allowed. 7. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. (SANJIV BERRY) 26.05.2025 JUDGE puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Puneet Sharma 2025.05.28 10:58 I attest to the accuracy and authenticity of this order/judgment