CRM-M-10859-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 224 CRM-M-10859-2025 Decided on: 14.05.2025 Kulwinder Singh …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Rishav Jain, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, 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 District Kulwinder Sigh, aged about 53 years 257 27.12.2024 318(4), 316(2), 336(3), 337, 338, 340(2), 61(2), 238 of BNS, 2023 Lehra Sangrur 2. On 27.02.2025, 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 Kulwinder Singh, 257 27.12.2024 318(4), 316(2), Lehra Sangrur RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document CRM-M-10859-2025 2 aged about 53 years 336(3), 337, 338, 340(2), 61(2), 238 of BNS, 2023 2. Learned counsel for the petitioner, inter alia, contends that the petitioner was a member of the Society, but in the FIR got lodged by the complainant, no specific role has been assigned against him. Dispute is entirely civil in nature amongst the family members of the deceased namely Dr. Dev Raj, with regard to the management of the school. 3. Counsel for the petitioner further submits that the co- accused of the petitioner namely Ranjit Singh has been granted interim anticipatory bail, by this Court, vide order dated 17.02.2025 passed in CRM-M-9038-2025. Said petition is now posted for its hearing for 08.04.2025. 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 more time to file status report in the matter. 6. Adjourned to 08.04.2025. To be heard alongwith CRM-M-9038-2025. 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. However, it will be open for the petitioner or the prosecution/complainant to get the disputed signatures compared with the original one.” 3. Learned counsel for the petitioner submits that, in compliance with the order dated 27.02.2025 passed by this Court, the petitioner has duly joined the investigation and has extended full cooperation. It is further submitted that the prosecution case is entirely based on documentary evidence, and as such, custodial interrogation of the petitioner is not warranted. In view of the petitioner’s cooperation and RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document CRM-M-10859-2025 3 the nature of evidence involved, it is prayed that the interim protection granted earlier be confirmed and the petition for anticipatory bail be allowed. 4. On the other hand, learned State counsel does not dispute the submissions made by the petitioner’s counsel and confirms 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. 5. 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. Accordingly, the prayer for anticipatory bail is accepted. The interim order dated 27.02.2025 is hereby made absolute. The petition is, thus, allowed. 6. 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). RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document CRM-M-10859-2025 4 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 does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 7. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE May 14, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document