CRM-M-10417-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 208 CRM-M-10417-2025(O&M) Decided on:08.07.2025 Major Singh …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Amit Arora, Advocate for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH, J. 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station Major Singh aged about 54 years 103 17.10.2023 323, 324, 452, 148, 149 IPC and Sections 25 and 27 of Arms Act, 1959 Verowal, District Tarn Taran 2. On 24.02.2025, following order was passed:- “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Major Singh aged about 54 years 103 17.10.202 3 323, 324, 452, 148, 149 IPC and Sections 25 and 27 of Arms Act, 1959 Verowal Tarn Taran RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-10417-2025(O&M) 2 2. Learned counsel for the petitioner, inter alia, contends that role attributed to the petitioner is of causing a single blow with baseball bat on the head of the wife of the complainant namely Sharanjeet Kaur, and as per the medical opinion, such injury has been declared as simple in nature. The alleged occurrence took place on 09.10.2023 at 8.00 A.M. and first time, FIR was registered on 17.10.2023 i.e. after the inordinate delay of 8 days. 3. Further submits that the co-accused of the petitioner namely Satinderpal Singh @ Sonu @ Kirri and Maninderjit Singh @ Mahinder Singh have already been granted anticipatory bail by this Court, in CRM-M-64012-2023 and CRM-M-63099-2023, respectively, vide orders dated 05.03.2024. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 6. Adjourned to 28.04.2025. 7. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, the petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the Country, he would seek prior permission from the Investigating Agency/concerned Court.” 3. Thereafter on 28.04.2025 the contention of the petitioner refuted by learned state counsel, therefore, one more opportunity was granted to the petitioner to join investigation by observing as under: “ Learned counsel for the petitioner submits that petitioner has joined investigation in terms of order dated 24.02.2025, thus, prays for confirmation of interim bail. On the other hand, learned State counsel rebutted the said fact and submits that petitioner has failed in joining the investigation. Learned State counsel has filed status report by way of an affidavit of Riputpan Singh Sandhu, PPS, Deputy Superintendent of Police, Sub Division, Tarn Taran, District Tarn Taran on behalf of respondent/State, in the Court today. Same is taken on record. Registry is directed to tag the same at appropriate place. In paragraph No.9 of status report, it has been specifically stated that petitioner has not joined investigation. Faced with the situation, learned counsel for the petitioner prays for one opportunity to join the investigation. One last opportunity is granted to the petitioner to join investigation in terms of order dated 24.02.2025 passed by this Court. However, it is clarfied that no further opportunity shall be granted. RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-10417-2025(O&M) 3 List on 08.07.2025. Interim order to continue.” 4. Learned counsel for the petitioner submits that, in compliance of the order dated 24.02.2025 passed by this Court, the petitioner has duly joined the investigation and has extended full cooperation. It is further submitted that custodial interrogation of the petitioner is not warranted. In view of the petitioner’s cooperation and the nature of evidence involved, it is prayed that the interim protection granted earlier be confirmed and the petition for anticipatory bail be allowed. 5. On the other hand, learned State counsel on instruction, from ASI Lakhwinder Singh confirms the factum of joining of investigation by the petitioner and submits that as of now, custodial interrogation of the petitioner is not required. However, it is submitted that the petitioner be directed to rejoin the investigation as and when required by the Investigating Officer. It is further clarified that in the event of non-cooperation or failure to join the investigation when called upon, the petitioner shall not be entitled to claim the benefit of anticipatory bail. 6. After hearing learned counsel for the parties, and upon perusal of the allegations levelled in the FIR as well as the issues highlighted during the course of hearing, and taking into consideration the fact that the petitioner has joined the investigation and has extended full cooperation, and that custodial interrogation is not required as of now, this Court deems it appropriate to allow the present petition. RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-10417-2025(O&M) 4 Accordingly, the prayer for anticipatory bail is accepted. The interim order dated 24.02.2025 is hereby made absolute. The petition is, thus, allowed. 7. However, the petitioner shall continue to join the investigation as and when required by the Investigating Officer and shall abide by all the terms and conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023). It is further clarified that in the event the petitioner fails to join or rejoin the investigation despite service of due notice by the Investigating Officer, it shall be open to the prosecution to seek cancellation of the anticipatory bail. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he do not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 8. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE July 08, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document