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CRM-M-12498-2025 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 211 CRM-M-12498-2025 (O&M) Date of decision: 13.05.2025 SALEEM MOHAMMAD AND ANOTHER ....Petitioners Versus STATE OF PUNJAB
...Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. P.A. Dhaliwal, Advocate for the petitioners. Mr. Manjinder Singh Bhullar, DAG, Punjab. SANJAY VASHISTH. J.(Oral)
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 petitioners, who have 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
1. Saleem Mohammad
2. Jahid Khan 131 12.12.2024 115(2), 191(3), 190, 351(2), 333, 117(1) and 117(2) of BNS, 2023 Sadar
Ahmedgarh District Malerkotla
2. Status report dated 12.05.2025 by way of an affidavit of Rajan Sharma (PPS), Deputy Superintendent of Police, Sub Division, Ahmedgarh, District Malerkotla has been filed on behalf of respondent-State. The same is AMANDEEP GOSAIN 2025.05.15 07:13 I attest to the accuracy and integrity of this order/judgment
CRM-M-12498-2025 (O&M)
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taken on record. 3. On 06.03.2025, 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 petitioners, who have 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
1. Saleem Mohammad
2. Jahid Khan 131 12.12.2024 115(2), 191(3), 190, 351(2), 333, 117(1) and 117(2) of BNS, 2023 Sadar
Ahmedgarh District Malerkotla
2. Learned counsel for the petitioners argued that the only offence which is non-bailable as per allegations is of house tresspass and taking note of the said fact, learned Court below has already been granted concession of interim bail to co-accused namely; Mohd. Nadeem. Counsel further submits that there is no allegation against any of the accused of causing any serious/grevious injury. Counsel also submits that co-accused namely; Fakeer Muhammad, has already been granted the concession of interim bail by this Court vide order dated 13.01.2025, thus, prays for similar relief. 3. Notice of motion. 4. On advance notice, learned State counsel puts in appearance on behalf of the respondent – State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report. 5. Adjourned to 13.05.2025. 6.
In the meanwhile, the petitioners are directed to join the investigation as and when required to do so by the Investigating Agency. In the event of their arrest, the petitioners shall be released on ad-interim bail, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioners shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 7. Besides, it is directed that petitioners would hand over their passport to the Investigating Agency or to AMANDEEP GOSAIN 2025.05.15 07:13 I attest to the accuracy and integrity of this order/judgment
CRM-M-12498-2025 (O&M)
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Court concerned, if they possess. Otherwise, would submit an affidavit, disclosing the fact that they do not possess any passport. It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court.”
3.
Learned counsel for the petitioners contends that in compliance of the
order dated 06.03.2025, passed by this Court, the petitioners have joined the investigation, and have fully co-operated.
4. Learned State counsel on instructions from the Investigating Officer, confirms the said averment and submits that the custodial interrogation of the petitioners would not be required now for the purpose of investigation.
5. Heard learned counsel for the parties.
6. Since the petitioners have joined the investigation, custodial interrogation is no more required, present petition is allowed and ad-interim order dated 06.03.2025, passed by this Court is hereby made absolute. However, petitioners shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
7. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) 13.05.2025
JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.05.15 07:13 I attest to the accuracy and integrity of this order/judgment