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CRM-M-12798-2025 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12798-2025 Date of Decision: 24.03.2025 Sunny ...Petitioner Versus State of Punjab and others ...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:-. Mr. Sandeep Godara, Advocate for Mr. Ajay Pal Singh Rehan, Advocate for the petitioner Mr. R.S. Thind, DAG Punjab ***** KIRTI SINGH, J.(Oral) Prayer in the present petition filed under Section 482 of BNSS, 2023 is for grant of anticipatory bail to the petitioner, in case FIR No.30 dated 27.03.2023 registered under Sections 363, 366 IPC at Police Station Sekhwan, Police District Batala, District Gurdaspur.
2. The following order was passed on 06.03.2025:-
“Apprehending arrest the petitioner has filed this petition under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.30 dated 27.03.2023, under Section 363 and 366 of IPC, registered at Police Station Sekhwan, Police District Batala, District Gurdaspur.
2. At the very outset, learned counsel for the petitioner submits that matter has been compromised between the parties and a petition bearing CRM-M-22386-2023 seeking quashing of aforesaid FIR is pending before this Court for 24.03.2025. He further submits that petitioner is ready to join investigation and cooperate. REENA 2025.03.25 05:37 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-12798-2025
3. Notice of motion.
4. Mr. Davinder Bir Singh, Senior DAG, Punjab waives service of notice on behalf of the respondent-State and seeks time to file response.
5. List on 24.03.2025.
6. In the meantime, petitioner shall join investigation before the Investigating Agency/Officer. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. He shall abide by the following conditions as envisaged under Section 438(2) Сг.Р.С.:- i) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so. ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such
facts to the court or to any police officer. iii) That the petitioner shall not leave India without prior permission of the Court.
7. To be heard along with CRM-M-22386-2023.”
3. Learned State counsel on instructions from ASI Rajbir Singh submits that the petitioner has joined the investigation and is not required for any further investigation.
4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 06.03.2025 passed by this Court, is hereby made absolute.
5. This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. REENA 2025.03.25 05:37 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-12798-2025
6. This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.
7. The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.
8. The accused/petitioner shall not leave India without prior permission of the Court.
9. The accused/petitioner shall join the investigation as and when called by the police.
10. It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.
11. Pending application(s), if any, also stands disposed of accordingly.
(KIRTI SINGH) 24.03.2025
JUDGE reena Whether speaking/reasoned Yes/No Whether reportable Yes/No REENA 2025.03.25 05:37 I attest to the accuracy and integrity of this document Chandigarh