226 IN THE HIGH COURT OF PUNJAB AND HARYANA AMRIT SINGH @ AMRITPAL SINGH STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Mr. Nitesh Sharma, DAG, Punjab. HARPREET SINGH BRAR 1. Instant petition is preferred Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.141 dated 10.06.2022 under Sections 323, 324, 452, 427, 506, 380, 148, 149, 120-B of Indian Penal Code, 1860 (for short ‘IPC’), registered Police Station Jandiala, Amritsar. 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AMRIT SINGH @ AMRITPAL SINGH V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Chetan Bansal, Advocate for the petitioner. Mr. Nitesh Sharma, DAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.141 dated 10.06.2022 under Sections 323, 324, 452, 427, 506, 380, B of Indian Penal Code, 1860 (for short ‘IPC’), registered Police Station Jandiala, Amritsar. On 28.04.2025, 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.141 dated 10.06.2022 under Sections 323, 324, 452, 427, 506, 380, 148, 149, 120-B of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Jandiala, Amritsar. Learned counsel for the petitioner, inter alia, contends that it is a case of version and cross (supra) was registered after a delay of 02 days, which clearly dents the case set up by the prosecution. The petitioner is only alleged to have caused injury attracting the offence under Section 323 of IPC. Notice of motion for 23.05.2025. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22271-2025 Date of decision: 23.05.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.141 dated 10.06.2022 under Sections 323, 324, 452, 427, 506, 380, B of Indian Penal Code, 1860 (for short ‘IPC’), registered at , 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.141 dated under Sections 323, 324, 452, 427, 506, 380, B of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Jandiala, Amritsar. Learned counsel for the petitioner, inter alia, contends that it is a case of version and cross-version. FIR (supra) was registered after a delay of 02 days, which clearly dents the case set up by the prosecution. The petitioner is only alleged to have caused injury attracting the offence under Section 323 of IPC. Notice of motion for 23.05.2025. MANISHA 2025.05.26 16:14 I attest to the accuracy and authenticiy of this order/judgment CRM-M-22271 3. Learned State counsel submits that in compliance of order dated petitioner has joined the investigation interrogation. 4. Keeping in view the statement made by learned the order dated 28.04.2025 terms and conditions enumerated in Section 22271-2025 2 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 Pu 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 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 investi 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 submits that in compliance of order dated 28.04.2025 petitioner has joined the investigation and is not required for further custodial Keeping in view the statement made by learned the order dated 28.04.2025, is made absolute. The petitioner shall terms and conditions enumerated in Section 482(2) BNSS, 2023 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 hereafter, 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 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 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 xpression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in on instructions from ASI Naresh Kumar, 28.04.2025 passed by this Court, the and is not required for further custodial Keeping in view the statement made by learned State Counsel, , is made absolute. The petitioner shall abide by the 482(2) BNSS, 2023 (Erstwhile MANISHA 2025.05.26 16:14 I attest to the accuracy and authenticiy of this order/judgment CRM-M-22271 Section 438(2) Cr.P.C.) 5. The petition is accordingly disposed of. 6. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court le trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. May 23, 2025 manisha (i) (ii) 22271-2025 3 Section 438(2) Cr.P.C.) The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an st it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.26 16:14 I attest to the accuracy and authenticiy of this order/judgment