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2025 DAILYLAW 48443 (PNJ)

HARJINDER SINGH AND OTHERS v. STATE OF PUNJAB

CRM-M/21225/2025 · 2025-05-26

Harpreet Singh Brar

body2025

Judgment text

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216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21225-2025 Date of decision: 26.05.2025 Harjinder Singh and others ....Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. R.K. Kachura, Advocate for the petitioners. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 482 of BNSS (earlier Section 438 Cr.P.C.) seeking anticipatory bail in case bearing FIR No.207 dated 19.10.2024 (Annexure P-1) under Sections 118(1)/115(2)/351(2)/191(3)/190 of BNS (Section 333 of BNS deleted later on vide DDR No.33 dated 15.12.2024) and (Sections 118(2)/117(2) of BNS added later on vide DDR No.27 dated 17.11.2024) registered at Police Station Guruharsahai, District Ferozepur. On 29.04.2025, 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.207 dated 19.10.2024 under Sections 118(1), 115(2), 351(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (later on Sections 118(2) & 117(2) of BNS were added vide DDR No.27 dated 17.11.2024 and Section 333 of BNS was deleted vide DDR No.33 dated 15.12.2024), registered at Police Station Guruharsahi, District Ferozepur. Learned counsel for the petitioners, inter alia, contends that there is a delay of 03 days in registration of FIR (supra), which creates a serious dent on the case set up by the prosecution. Further, it is a case of version and crossversion. No specific injury has been attributed to the petitioners. It is further contended that similarly situated co-accused of the petitioners, namely Kashmir Singh, Parmjeet Singh, Raj Singh and Ajay Kumar, in CRM- M-198- 2025 and Darshan Singh and Jaswant Singh, in CRM-M-3857- 025, have already been granted the concession of anticipatory bail by this Court vide orders dated 10.02.2025 (Annexures P-3 & P-4). Notice of motion for 26.05.2025. 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 Neha 2025.05.26 18:07 I attest to the accuracy and integrity of this document CRM-M-21225-2025 -2- petitioners are 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 petitioners will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioners will 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 petitioners to join the investigation, they would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioners 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 Mehal Singh, at the very outset informs the Court that the petitioners have joined the investigation and their custodial interrogation is not required. In view of the statement of learned State counsel, order dated 29.04.2025 is hereby made absolute. The petitioners 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 26.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.26 18:07 I attest to the accuracy and integrity of this document