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High Court of Punjab and Haryana · body

2025 DAILYLAW 27384 (PNJ)

SUKHMANDER SINGH v. STATE OF PUNJAB

CRM-M/9429/2025 · 2025-04-25

Namit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 205-2 CRM-M-9429-2025 Date of decision : 25.04.2025 Sukhmander Singh ….Petitioner V/S State of Punjab and another ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Balraj Singh, Advocate for Mr. N.S. Sidhu, Advocate for the petitioner. Mr. Anup Singh, A.A.G., Punjab. **** NAMIT KUMAR , J. (ORAL) 1. On the last date of hearing i.e. 18.02.2025, the following order was passed :- “The petitioners, who are parents-in-law of deceased-Gurpreet Kaur, have filed instant petitions under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of anticipatory bail in case FIR No.220 dated 23.12.2022 registered under Section 306 of IPC at Police Station City Rampura, District Bathinda. Learned counsel for the petitioners, inter alia, contends that initially, the petitioners were arrayed as an accused in the FIR registered under Section 306 of IPC, however, during investigation they were found innocent. Thereafter, offence under Section 304-B was substituted. Later on, on application filed by the prosecution, the petitioners have been summoned under Section 319 of Cr.P.C. as an additional accused. On oral request made by learned counsel for the petitioner(s), complainant-Rambaksh Singh s/o Pritam Singh r/o Ward No.15, Street No.15, Purani Sabzi Mandi Vinod Kothiyal 2025.04.25 14:52 I attest to the accuracy and authenticity of this document CRM-M-9429-2025 -2- Road, District Mansa, Punjab is impeaded as respondent No.2 in both the cases. Amended memo of parties be filed in the Registry within a period of 03 days. Notice of motion. Mr. Adhiraj Singh, A.A.G., Punjab accepts notice on behalf of respondent No.1-State and on instructions from ASI Gurdeep Singh, submits that since the investigation is already complete, therefore, the police does not require custodial interrogation of the petitioners. Let notice be served upon respondent No.2, returnable on 25.04.2025. In the meanwhile, arrest of the petitioners shall remain stayed and they shall not leave country without prior permission of this Court. A photocopy of this order be placed on the file of other connected case.” 2. As per office report, service is complete, however, none has put in appearance on behalf of respondent No.2. 3. Learned counsel for the petitioner has submitted that the petitioner has already joined the Trial Court proceedings. 4. Learned State counsel, on instructions from ASI Darshan Singh, has not disputed the aforesaid fact. 5. In view of the above, the present petition is allowed and the interim relief granted to the petitioner vide order dated 18.02.2025 is made absolute subject to the conditions envisaged under Section 438(2) of Cr.P.C./482(2) of BNSS, 2023. 25.04.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Vinod Kothiyal 2025.04.25 14:52 I attest to the accuracy and authenticity of this document