CRM-M-19708-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 208 CRM-M-19708-2025 (O&M) Date of Decision: 26.05.2025 Shavi Kumar .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Naveen Batra, Advocate for the petitioner. Ms. Manjot Kaur, AAG, Punjab. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in DDR No. 39 dated 28.01.2025 (P-2), under Sections 115(2), 118(1), 191(3) and 127(2) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [Section 117(2) added subsequently] in FIR No.10 dated 26.01.2025 (P-1), under Sections 333, 324(3) and 191(3) read with Section 190 of BNS, registered at Police Station Nangal, District Rupnagar. 2. Status report by way of affidavit dated 24.05.2025 of Mr. Kulbir Singh Sandhu, PPS, Deputy Superintendent of Police, Nangal, District Rupnagar on behalf of respondent has been filed and the same is taken on record. Copy supplied to the other side. Registry to tag the same at appropriate place. 3. Allegations are that petitioner along with other co-accused Rajeev Purohit 2025.05.27 14:28 I attest to the accuracy and integrity of this document CRM-M-19708-2025 2 formed an unlawful assembly and in prosecution of the common object of the said assembly, caused injuries to de facto complainant-Rahul with their respective weapons. 4. Contends that petitioner was granted interim bail by this Court, vide order dated 09.04.2025 and in pursuance thereof, he has already joined investigation; hence, his custodial interrogation is not required. 5. The above factual position is not disputed by learned State Counsel, on instructions from quarter concerned and submits that his custodial interrogation is not required as per para 8 of the said affidavit. 6. Heard learned counsel for the parties and perused the paper- book. 7. It transpires that petitioner was granted interim bail by this Court, vide order dated 09.04.2025 and the order reads as under:- “Contends, inter alia, that present DDR has been registered as a counter-blast to the FIR No.10 dated 26.01.2025 (P-1), which was registered at the instance of petitioner prior in time. Notice of motion. Mr. Kunwarbir Singh, 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 26.05.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.” 8. 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. 9. 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 09.04.2025 is made absolute subject to the Rajeev Purohit 2025.05.27 14:28 I attest to the accuracy and integrity of this document CRM-M-19708-2025 3 conditions as envisaged under Section 482(2) of BNSS. 10. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 11. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 12. 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. 26.05.2025 (MAHABIR SINGH SINDHU) Rajeev (rvs) JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Rajeev Purohit 2025.05.27 14:28 I attest to the accuracy and integrity of this document