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213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18227-2025 Date of decision: 03.05.2025 Sukhbir Singh alias Sukha ....Petitioner
Versus State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ramandeep, Advocate for Mr. Gurmeet Singh Saini, Advocate for the petitioner. Mr. Nitesh Sharma, DAG, Punjab.
HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case bearing FIR No.0018 dated 07.03.2025 under Sections 118(1)/115(2)/3(5) of BNS (Section 118(2) of BNS added later on vide DDR No.017 dated 12.03.2025) registered at Police Station Zira, District Ferozepur. On 03.04.2025, the following order was passed:- ‘Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.18 dated 07.03.2025 under Sections 118(1), 115(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (Section 118(2) of BNS added later on vide DDR No.17 dated 12.03.2025), registered at Police Station Zira, District Ferozepur.
Learned counsel for the petitioner, inter alia, contends that there is a delay of 24 hours in registration of FIR (supra). It is a case of version and cross-version, in which the petitioner also sustained injuries at the hands of complainant party. Further, none of the injury suffered by the complainant is on vital part of the body and the grievous injury is on his right hand. Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent-State and Mr. G.S. Jagpal, Advocate appears on behalf of the complainant and files his Vakalatnama in the Court today, which is taken on record. Registry is
directed to tag the same at the appropriate place of the case file.
Learned counsel for the complainant vehemently opposes the prayer for grant of anticipatory bail to the petitioner on the ground that the petitioner is main accused and he has been attributed grievous hurt. Neha 2025.05.03 15:07 I attest to the accuracy and integrity of this document
CRM-M-18227-2025 -2- Adjourned to 03.05.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law. ’ Learned State counsel on instructions from ASI Anwar Masih, at the very outset informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. In view of the statement of learned State counsel, order dated 03.04.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (earlier Section 438(2) Cr.P.C.). The petition stands disposed of.
(HARPREET SINGH BRAR) JUDGE 03.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.03 15:07 I attest to the accuracy and integrity of this document