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High Court of Punjab and Haryana · body

2025 DAILYLAW 28451 (PNJ)

RAJESH KAPIL v. STATE OF PUNJAB

CRM-M/10644/2025 · 2025-04-03

Sanjiv Berry

Public Interest Litigationbody2025

Judgment text

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238 CRM-M-10644-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-10644-2025 Date of decision: 03.04.2025 RAJESH KAPIL ….Petitioner Versus STATE OF PUNJAB ....Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Manav Parteek, Advocate for the petitioner. (Through V.C.) Mr. Rajinder Singh Bhatta, DAG Punjab. Mr. Neeraj Gandhi, Advocate and Mr. Dheeraj Kumar, Advocate for Mr. Bhupinder Ghai, Advocate for the complainant. ..… 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 34 16.02.2023 420, 120-B IPC Machhiwara, Police District Khanna. 2. Learned counsel for the petitioner submits that in compliance to the order dated 19.03.2025, the petitioner has joined the investigation. 3. During the course of hearing on 19.03.2025, following order had been passed: - Puneet Sharma 2025.04.05 10:11 I attest to the accuracy and authenticity of this order/judgment 238 CRM-M-10644-2025 -2- “ ASI Karnail Singh, Investigating Officer of the case is present in Court. Arguments heard. After considering the respective submissions and perusing the record, it is not disputed by the Investigating Officer present in Court that the petitioner is not the beneficiary of any transaction. 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 co- operate in the same. In the event of the arrest of the petitioner, he shall 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) BNSS. List on 03.04.2025.” 4. Learned State counsel on instructions received from ASI Karnail 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 19.03.2025 passed by this Court, interim bail granted vide order dated 19.03.2025 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 Puneet Sharma 2025.04.05 10:11 I attest to the accuracy and authenticity of this order/judgment 238 CRM-M-10644-2025 -3- 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) 03.04.2025 JUDGE puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Puneet Sharma 2025.04.05 10:11 I attest to the accuracy and authenticity of this order/judgment