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2025 DAILYLAW 32017 (PNJ)

RAMESH SINGH @ MAHESHI SINGH v. STATE OF PUNJAB

CRM-M/13146/2025 · 2025-04-07

Harpreet Singh Brar

body2025

Judgment text

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217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13146-2025 Date of decision: 07.04.2025 Ramesh Singh @ Maheshi Singh ....Petitioner Versus State of Punjab ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Mandeep Kaur, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case bearing FIR No.0036 dated 28.05.2024 (Annexure P-1) under Sections 341/324/323/427/506/148/149 of IPC (Sections 307/326 of IPC added later on) registered at Police Station Dayalpura, District Bathinda, Punjab. On 10.03.2025, the following order was passed:- ‘Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.36 dated 28.05.2024 under Sections 341, 324, 323, 427, 506, 148, 149 of the Indian Penal Code, 1860 (for short ‘IPC’) (Sections 307 & 326 of IPC were added later on), registered at Police Station Dayalpura, District Bathinda. Learned counsel for the petitioner, inter alia, contends that FIR (supra) was registered on 28.05.2024 and thereafter, the petitioner was released on bail. After a gap of almost 09 months, the jurisdictional police authorities have added the offence under Sections 307 & 326 of IPC. The petitioner is not alleged to have given an injury invoking the provision of Section 307 of IPC and he undertakes to appear before the police as and when required. Notice of motion for 07.04.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of Neha 2025.04.07 18:47 I attest to the accuracy and integrity of this document CRM-M-13146-2025 -2- arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law. ’ Learned State counsel on instructions from ASI Iqbal Singh, at the very outset informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. In view of the statement of learned State counsel, order dated 10.03.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (earlier Section 438(2) Cr.P.C.). The petition stands disposed of. (HARPREET SINGH BRAR) JUDGE 07.04.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.04.07 18:47 I attest to the accuracy and integrity of this document