CRM-M-18165-2025 (O&M) -1- 209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18165-2025 (O&M) Date of decision: 20.05.2025 Raj Singh @ Rajja ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Rakesh Kumar, Advocate for the petitioner. Ms. Manjot Kaur, AAG, Punjab for the respondent. ****** MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No.0166 dated 29.11.2024 (P-1), under Sections 115(2), 118(1), 118(2), 333, 324(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’); [Section 238 of the BNS added later on], registered at Police Station Subhanpur, District Kapurthala. (2) Allegations are that petitioner, along with other co-accused, in furtherance of their common intention, inflicted serious injuries on the persons of complainant party and also caused damage to their property. GAGANDEEP 2025.05.21 19:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh CRM-M-18165-2025 (O&M) -2- (3) Learned Counsel contend that petitioner was granted interim protection by this Court, vide order dated 03.04.2025 and in pursuance thereof, he has already joined the investigation; hence, his custodial interrogation is not required. (4) The above factual position is not disputed by learned State Counsel, on instructions from the police official concerned. (5) Heard learned Counsel for the parties and perused the paper- book. (6) It transpires that petitioner was granted interim protection by this Court, vide order dated 03.04.2025 and the same reads as under:- “Contends, inter alia, that present FIR has been registered on account of some matrimonial dispute. Notice of motion. Mr. Kunwarbir Singh, learned AAG, Punjab, accepts notice on behalf of respondent; seeks time to have instructions and/or to file 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 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 GAGANDEEP 2025.05.21 19:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh CRM-M-18165-2025 (O&M) -3- is allowed; interim order dated 03.04.2025 is made absolute subject to the conditions as envisaged under Section 482 (2) of the 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. 20th May, 2025 ( MAHABIR SINGH SINDHU ) Gagan JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GAGANDEEP 2025.05.21 19:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh