CRM-M- 11980-2025(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 206 CRM-M- 11980-2025(O&M) Date of Decision: 14.05.2025 Gurpal .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Parvesh Jaglan, Advocate for Mr. V.K. Jaglan, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of Bharatiya Nagarik Surakhsa Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No. 74 dated 21.02.2025, under Sections 109(1), 115, 126, 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Pundri, District Kaithal. 2. Allegations are that petitioner along with other accused persons in furtherance of their common intention wrongfully restrained de facto-complainant-Sagar and also inflicted serious injuries to him with their respective weapons with an intention to kill him. -1- HARISH KUMAR 2025.05.16 17:21 I attest to the accuracy and integrity of this document CRM-M- 11980-2025(O&M) 3. Contends that petitioner was granted interim bail by this Court on 07.03.2025 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. 4. The above factual position is not disputed by learned State Counsel and on instructions from SI-Ranbir Singh submits that his custodial interrogation is not required at this stage. 5. Heard learned counsel for the parties and perused the paper-book. 6. It transpires that petitioner was granted interim protection by this Court on 07.03.2025 and the order reads as under:- “Short reply by way of affidavit dated 06.03.2025 of Sh. Gurvinder Singh, DSP (AEC), Kaithal, along with Annexure R-1, on behalf of of the respondent has been filed. The same is taken on record. Copy thereof supplied to the other side. Registry to tag the affidavit at appropriate place. Contends that from bare perusal of aforesaid affidavit, there is no allegation that petitioner has caused any injury to de facto complainant-Sagar. Learned State counsel seeks time to have instructions in the matter. Posted for 14.05.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer, but he be not arrested till the next date of hearing.” 7. It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and as on today, his custodial interrogation is not required. -2- HARISH KUMAR 2025.05.16 17:21 I attest to the accuracy and integrity of this document CRM-M- 11980-2025(O&M) 8. In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 07.03.2025 is made absolute subject to the conditions as envisaged under Section 482(2) BNSS. 9. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 10. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 11. It is also clarified that in case of any recurrence on the part of petitioner, 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. 14.05.2025 (MAHABIR SINGH SINDHU) Harish Kumar JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- HARISH KUMAR 2025.05.16 17:21 I attest to the accuracy and integrity of this document