Extracted from the PDF above. The PDF is authoritative.
CRM-M-16888-2025
- 1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 210 CRM-M-16888-2025 Date of decision: 22.05.2025 KASHMIR SINGH & ANOTHER ....Petitioners Versus STATE OF PUNJAB
...Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. A.S. Sekhon, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. Mr. Ashish Gupta, Advocate for the complainant.
SANJAY VASHISTH. J.(Oral)
1. Present petition has been filed by the petitioners, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer for grant of Anticipatory Bail in DDR No.12 dated 10.06.2024 under Sections 323/324/325/326/148/149 IPC (Sections 115(2), 118(1), 117(2), 118, 191(3), 190 of The Bharatiya Nyaya Sanhita (BNS) 2023 added later on), registered at P.S. Sadar Faridkot, in DDR No.21 dated 02.05.2024 registered at P.S. Sadar Faridkot, in FIR No.57 Dated 02.05.2024 registered under Sections 323/506/148/149 of IPC at P.S. Sadar Faridkot.
2. On 27.03.2025, following order was passed:-
“1. Present petition has been filed by the petitioners, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer for grant of Anticipatory Bail in DDR No.12 dated 10.06.2024 under Sections 323/324/325/326/148/149 IPC (Sections 115(2), 118(1), 117(2), 118, 191(3), 190 of The Bharatiya Nyaya AMANDEEP GOSAIN 2025.05.23 06:43 I attest to the accuracy and integrity of this order/judgment
CRM-M-16888-2025
- 2-
Sanhita (BNS) 2023 added later on), registered at P.S. Sadar Faridkot, in DDR No.21 dated 02.05.2024 registered at P.S. Sadar Faridkot, in FIR No.57 Dated 02.05.2024 registered under Sections 323/506/148/149 of IPC at P.S. Sadar Faridkot.
2.
Learned counsel for the petitioners, inter alia, contends that admittedly, the possession of the land is not under dispute, even by the complainant. The petitioners have been attributed injury in a cross-version (GD No. 21 dated 02.05.2024), which was registered after the filing of FIR No. 57 dated 02.05.2024, at the instance of petitioner No. 1.
3. Counsel for the petitioners further submits that the complainant party in the cross-version case are mere strangers. Therefore, any interference with the ownership and possession of the land is solely intended to harm the petitioners. Thus, prays for grant of concession of anticipatory bail to the petitioners in the present case.
4. Notice of motion.
5. On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent – State, and Mr. Ashish Gupta, Advocate, puts an appearance on behalf of the complainant.
6. Adjourned to 22.05.2025.
7. 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.).
8. Besides, it is directed that petitioners would hand over their passport to the Investigating Agency or to Court concerned, if they possess. Otherwise, would submit an affidavit, disclosing the fact AMANDEEP GOSAIN 2025.05.23 06:43 I attest to the accuracy and integrity of this order/judgment
CRM-M-16888-2025
- 3-
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 27.03.2025, passed by this Court, the petitioners have joined the investigation, and has 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 27.03.2025, 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) 22.05.2025
JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.05.23 06:43 I attest to the accuracy and integrity of this order/judgment