Extracted from the PDF above. The PDF is authoritative.
CRM-M-6147-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CRM-M-6147-2025 (O&M) Date of Decision:- 26.03.2025 PRABHJOT SINGH ....Petitioner(s) Versus STATE OF PUNJAB ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. Jaiveer Singh, Advocate for the petitioner. Mr. Ankit Grewal, DAG Punjab. ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:
FIR No. Dated Sections Police Station 74 24.07.2024 109, 324 (4), 351 (3) of BNS; (238 BNS added later on) and 25 and 27 of Arms Act, 1959 City Batala, District Gurdaspur
2.
Learned counsel for the petitioner has submitted that in compliance to the order dated 05.03.2025 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.
3. Learned State counsel, on instructions received from ASI SANDAL SHARMA 2025.03.26 17:43 I attest to the accuracy and authenticity of this
order/judgment
CRM-M-6147-2025 (O&M) -2-
Paramjeet Singh, has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation.
4. Heard.
5. During the course of hearing on 05.03.2025, the following order was passed:-
“ Heard.
2. Considering the submissions and perusing the record, it transpires that initially the case was registered against the unknown persons wherein later accused Sandeep Singh and Money Masih were arrested on the allegations of firing shots on the shop of the complainant. It transpires from the order Annexure-A passed by learned Sessions Judge, Gurdaspur that the offence under Section 109 BNS is not being made out in the matter.
3. As per the learned counsel for the petitioner, in the disclosure statement, Money nominated Sandeep from whom a pistol was recovered. However, in his disclosure statement he named one Damandeep Singh who has supplied the pistol. Consequently, Damandeep also made disclosure statement nominating one Bhupinder Singh who has supplied the pistol and now said Bhupinder Singh has allegedly made disclosure statement nominating the present petitioner who has supplied the same.
4. Learned counsel for the petitioner contends that the petitioner has no concern whatsoever with the weapon or the allegation levelled in the FIR. He further contends that the petitioner has clean antecendents and he has been acquitted in another case registered against him.
5. This factual aspect is not disputed by learned State counsel.
6. In these circumstances, without commenting on the merits at this stage, the petitioner is directed to join the 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.
7. List on 26.03.2025.
8. Investigating Officer of the case to remain present in SANDAL SHARMA 2025.03.26 17:43 I attest to the accuracy and authenticity of this
order/judgment
CRM-M-6147-2025 (O&M) -3-
Court along with record on that date.”
6. 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 05.03.2025 passed by this Court, interim bail granted vide order dated 05.03.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) 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.
7. The petition stands allowed.
(SANJIV BERRY) JUDGE 26.03.2025 S.Sharma(syr) i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No SANDAL SHARMA 2025.03.26 17:43 I attest to the accuracy and authenticity of this
order/judgment