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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-24085-2025 Date of decision: 20.05.2025 SAM NAYI ALIAS VIJAY ….PETITIONER
Versus STATE OF PUNJAB
...RESPONDENT
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Ms. Bindu Bala, Advocate for Mr. Vishal Munjal, Advocate for the petitioner. Mr. K.D. Sachdeva, DAG, Punjab. **** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of BNSS, 2023, petitioner seeks anticipatory bail in case FIR as under: FIR No. Dated Sections Police Station 281 23.12.2024 109, 125, 194 (2), 191 (3), 190 of BNS, 2023 and 25, 27 of Arms Act,
1959. Sadar, Amritsar, District Police Commissionerate, Amritsar.
2.
Learned counsel for the petitioner submits that in compliance to the order dated 05.05.2025 passed by this Court, the petitioner has already joined the investigation and as such prayed for confirming the interim bail granted vide order dated 05.05.2025.
3. Learned State counsel, on instructions from ASI Surjit Singh, intimates the Court that the petitioner has joined investigation and is neither required for further investigation nor for any custodial interrogation. KANIKA 2025.05.22 15:35 I attest to the accuracy and authenticity of this
order/judgment
CRM-M-24085-2025
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4. During the course of hearing on 05.05.2025, following order was passed:
“ 2. It is, inter alia, contended by learned counsel for the petitioner that the petitioner having no criminal antecedents has been falsely implicated in this case. He contends that no specific overt act is attributed to the petitioner and as per the allegations he is simply stated to be standing at the place of occurrence.
3. Learned counsel for the petitioner further contends that similary situated co-accused Kulwant Singh has already been granted concession of bail by this Court vide order dated 03.04.2025 (Annexure P-3) in case CRM-M-6779-2025 and the petitioner’s case is at par therewith and hence seeks concession of anticipatory bail.
4. Notice of motion.
5. On the asking of the Court, Mr. Jatinderpal Singh, Sr. DAG, Punjab, present in Court, accepts notice on behalf of the State-respondent and has not disputed the version of the petitioner being at par with that of co-accused Kulwant Singh (supra). He has also not disputed the fact that no injury is attributed to the petitioner in the alleged occurrence.
6. Considering the aforesaid facts and circumstances and without commenting on the merits, the petitioner is hereby
directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) of BNSS. KANIKA 2025.05.22 15:35 I attest to the accuracy and authenticity of this
order/judgment
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7. List on 20.05.2025. ”
5. Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 05.05.2025 passed by this Court, interim bail granted vide order dated 05.05.2025 is hereby confirmed, subject to conditions as envisaged under Section 482 (2) of BNSS, 2023. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.
6. The petition stands allowed.
7. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. 20.05.2025
(SANJIV BERRY) kanika
JUDGE i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.05.22 15:35 I attest to the accuracy and authenticity of this
order/judgment