CRM-M-17042-2025(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 215 CRM-M- 17042-2025(O&M) Date of Decision: 27.05.2025 Pavittar Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Abhishek Khullar, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG, Punjab. **** 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. 23 dated 16.02.2025, under Section 304 (2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [Section 317(2) of BNS added later on], registered at Police Station Koom Kalan, District Ludhiana. 2. Allegations are that petitioner along with co-accused used to snatch vehicles and phones from the passersby by putting them under the fear of injury with sharp edged weapon(s). 3. Contends that petitioner was granted interim bail by this Court on 28.03.2025 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. -1- HARISH KUMAR 2025.05.28 18:53 I attest to the accuracy and integrity of this document CRM-M-17042-2025(O&M) 4. The above factual position is not disputed by learned State Counsel and on instructions from ASI-Sawaran 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 while issuing notice of motion, petitioner was granted interim protection by this Court on 28.03.2025 and the order reads as under:- “Contends, inter alia, that on instructions, that petitioner is neither named in the FIR; nor there is any other criminal case pending against him. Notice of motion. Ms. Manjot Kaur, learned AAG, Punjab accepts notice on behalf of the respondent; seeks time to have instructions and/or to file written response in the matter. Posted for 27.05.2025. 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. 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 28.03.2025 is made absolute subject to the conditions as envisaged under Section 482(2) BNSS. -2- HARISH KUMAR 2025.05.28 18:53 I attest to the accuracy and integrity of this document CRM-M-17042-2025(O&M) 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. 27.05.2025 (MAHABIR SINGH SINDHU) Harish Kumar JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- HARISH KUMAR 2025.05.28 18:53 I attest to the accuracy and integrity of this document