Extracted from the PDF above. The PDF is authoritative.
CRM-M-17968-2025(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 208/1 CRM-M- 17968-2025(O&M) Date of Decision: 20.05.2025 Jashandeep Singh alias Jashan .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Navkiran Singh, Advocate for the petitioner. Ms. Manjot Kaur, 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. 17 dated 29.02.2024, under Sections 323, 341, 324, 325, 326, 506, 148 read with Section 149 of the Indian Penal Code, 1860, registered at Police Station Amargrh, District Malerkotla. 2. Allegations are that petitioner along with co-accused formed an unlawful assembly; in prosecution of their common object, they inflicted injuries on the person of de facto-complainant with their respective weapons and criminally intimidated him with dire consequences. -1- HARISH KUMAR 2025.05.21 13:23 I attest to the accuracy and integrity of this document
CRM-M-17968-2025(O&M)
3. Contends that petitioner was granted interim bail by this Court on 02.04.2025 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. 4. The above factual position is not disputed by learned State Counsel and on instructions from ASI-Pargat 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 petitioner was granted interim protection by this Court on 02.04.2025 and the order reads as under:-
“Contends, inter alia, that alleged incident had taken place on 25.01.2024; whereas present FIR was registered on 29.02.2024 after a delay of more than one month and there is no explanation in this regard. Notice of motion. Mr. Kunwarbir Singh, learned Assistant Advocate General, Punjab, accepts notice on behalf of respondent; seeks time to have instructions and/or to file written response in the matter. Posted for 20.05.2025. 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. -2- HARISH KUMAR 2025.05.21 13:23 I attest to the accuracy and integrity of this document
CRM-M-17968-2025(O&M)
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 02.04.2025 is made absolute subject to the conditions as envisaged under Section 482(2) BNSS. 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. 20.05.2025 (MAHABIR SINGH SINDHU) Harish Kumar JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- HARISH KUMAR 2025.05.21 13:23 I attest to the accuracy and integrity of this document