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CRM-M- 9682-2025(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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CRM-M- 9682-2025(O&M) Date of Decision: 07.04.2025 Ankush and another
.....Petitioners Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Manan Bhardwaj, Advocate for the petitioners. Mr. Neeraj Sheoran, DAG, Haryana assisted by SI-Naresh Kumar. **** MAHABIR SINGH SINDHU
, J. 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. 31 dated 27.01.2025, under Sections 115, 126, 190, 191(3), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (Sections 3(5), 109 and 293 of BNS added later on), registered at P.S. Pehowa, District Kurukshetra. 2. Allegations are that petitioners alongwith other co-accused in furtherance of their common object inflicted serious injuries on the person of complainant with their respective weapons and criminally intimidated him with dire consequences of life. 3. Status report dated 04.04.2025 by way of an affidavit of Mr. Randhir Singh, HPS, Deputy Superintendent of Police, Ladwa, -1- HARISH KUMAR 2025.04.08 10:40 I attest to the accuracy and integrity of this document
CRM-M- 9682-2025(O&M) District Kurukshetra has been filed, which is taken on record. Copy supplied to the other side. Registry to tag the same at appropriate place. 4. Contends that petitioners were granted interim bail by this Court on 20.02.2025 and in pursuance thereof, they have already joined investigation; hence, their custodial interrogation are not required “at this stage”. 5. The above factual position is not disputed by learned State Counsel and submits that their custodial interrogation are not required. 6. Heard learned counsel for the parties and perused the paper-book. 7. It transpires that petitioners were granted interim bail by this Court on 20.02.2025 and the order reads as under:-
“Contends,inter alia, that mater has been amicably settled between the parties i.e. petitioners and de-facto complainant, at their own level. Notice of motion. Mr. Kiran Pal Singh, AAG, Haryana accepts notice on behalf of the respondent-State; seeks time to have instructions and/or to file written response in the matter. Posted for 07.04.2025. In the meanwhile, petitioners shall join investigation before the Investigating Officer; but they be not arrested till the next date of hearing.” -2- HARISH KUMAR 2025.04.08 10:40 I attest to the accuracy and integrity of this document
CRM-M- 9682-2025(O&M)
8.
It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioners have joined investigation and their custodial interrogation are not required. 9. In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioners. Consequently, present petition is allowed; interim order dated 20.02.2025 is made absolute subject to the conditions as envisaged under Section 482(2) BNSS. 10. It is also made clear that petitioners shall fully co-operate with the Investigating Officer as and when called for further investigation. 11. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 12. It is also clarified that in case of any recurrence on the part of petitioners, 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. 07.04.2025 (MAHABIR SINGH SINDHU) Harish Kumar
JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- HARISH KUMAR 2025.04.08 10:40 I attest to the accuracy and integrity of this document