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2025 DAILYLAW 48754 (PNJ)

JAGSEER SINGH v. STATE OF PUNJAB

CRM-M/21222/2025 · 2025-05-20

Mahabir Singh Sindhu

body2025

Judgment text

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CRM-M-21222-2025(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 208/3 CRM-M-21222-2025(O&M) Date of Decision: 20.05.2025 Jagseer Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Abdul Aziz, 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, 506, 148 read with Section 149 of the Indian Penal Code, 1860 (for short ‘IPC’) [Section 325 and 326 IPC added later on], 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-21222-2025(O&M) 3. Contends that petitioner was granted interim bail by this Court on 24.04.2025 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 24.04.2025 and the order reads as under:- “Contends that co-accused Jashandeep Singh @ Jashan and Karanpreet Singh with similar allegations have already been granted interim protection by this Court, vide orders dated 02.04.2025 & 07.04.2025, passed in CRM-M- Nos.17968 & 19359 of 2025 (P-3 & P-4, respectively). Also contends that there is no other criminal case against the petitioner. Notice of motion. Mr. T.P.S.Walia, learned AAG, 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. To be heard along with CRM-M-17968- 2025.” -2- HARISH KUMAR 2025.05.21 13:23 I attest to the accuracy and integrity of this document CRM-M-21222-2025(O&M) 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. 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 24.04.2025 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