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CRM-M-16444-2025 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 211-2 CRM-M-16444-2025 (O&M) Date of decision: 13.05.2025 ASGAR ALI AND OTHERS ....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 & age of Petitioner (s) FIR No. Date Section(s) Police Station District Asgar Ali (aged about 29 years), Bhola Singh (aged about 51 years), Moh. Zafeer Khan (aged about 20 years) and Anwer 131 12.12.2024 115(2), 191(3), 190, 351(2), 333, 117(1) and 117(2) of BNS, 2023 Sadar Ahmedgarh Malerkotla AMANDEEP GOSAIN 2025.05.15 07:13 I attest to the accuracy and integrity of this order/judgment
CRM-M-16444-2025 (O&M)
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Khan (aged about 27 years)
2. On 25.03.2025, following order was passed:-
“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
of Petitioner (s) FIR No. Date Section(s) Police Station District Asgar Ali (aged about 29 years), Bhola Singh (aged about 51 years), Moh. Zafeer Khan (aged about 20 years) and Anwer Khan (aged about 27 years) 131 12.12.2024 115(2), 191(3), 190, 351(2), 333, 117(1) and 117(2) of BNS, 2023 Sadar Ahmedgarh Malerkotla
2. Court is informed that the grievous injury has been attributed to one ‘Namar’ and petitioners before this Court by way of present petition, namely; Asgar Ali, Bhola Singh, Moh. Zafeer Khan and Anwer Khan, have not been attributed any grievous injury. Besides, learned counsel for the petitioners submits that the anticipatory bail petition of the similarly situated co-accused, i.e., CRM-M12498-2025 (O&M), titled as, “Saleem Mohammad and another v. State of Punjab” (Annexure P-10), is already pending adjudication before this Court, for 13.05.2025, wherein, vide order dated 06.03.2025, they have been granted concession of ad-interim bail also. AMANDEEP GOSAIN 2025.05.15 07:13 I attest to the accuracy and integrity of this order/judgment
CRM-M-16444-2025 (O&M)
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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 Court concerned, if they possesses. 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. 8. To be heard along with CRM-M-12498-2025.”
3.
Learned counsel for the petitioners contends that in compliance of the
order dated 25.03.2025, 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 25.03.2025, passed by this Court is hereby made absolute.
AMANDEEP GOSAIN 2025.05.15 07:13 I attest to the accuracy and integrity of this order/judgment
CRM-M-16444-2025 (O&M)
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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