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214(1) IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH
CRM-M-24659-2025 (O&M) Date of Decision: 27.05.2025 SHARANJIT SINGH
…Petitioner V/S STATE OF PUNJAB
…Respondent
CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. A.S. Manaise, Advocate for the petitioner. Mr. Sandeep Kumar,DAG, Punjab.
**** HARPREET SINGH BRAR J. (Oral)
1. This petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in FIR No. 35 dated 13.04.2025 registered under Sections 115(2), 221, 351(2), 190 of the Bhartiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 4 of Punjab Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008, registered at Police Station Sadar Gurdaspur, District Gurdaspur.
2. On 07.05.2025, 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.35 dated 13.04.2025 under Sections 115(2), 211, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of Punjab Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008, registered at Police Station Sadar Gurdaspur, District Gurdaspur.
Learned counsel for the petitioner, inter alia, contends that there is a delay of 01 day in registration of FIR (supra). Further, all the offences are bailable in MOHIT 2025.05.29 09:48 I attest to the accuracy and integrity of this document
CRM-M-24659-2025 (O&M) -2- nature except Section 4 of the Act. The petitioner has been nominated in the present FIR only on the basis of disclosure statement made by co-accused. It is further contended that similarly situated co-accused of the petitioner, namely Soma, has already been granted the concession of ad interim anticipatory bail by this Court vide order dated 02.05.2025 passed in CRM-M-23784-
2025. Notice of motion for 27.05.2025. To be listed along with CRM-M-23784-2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, Arnab Manoranjan Goswami Vs. State of Maharashtra, (2021) 2 SCC 427,Satender Kumar Antil Vs. CBI, (2022) 10 SCC 51, Siddharam Satlingappa Mhetre Vs. State of Maharashtra and ors., 2010 SCC OnLine SC 1375 and Shri Gurbaksh Singh Sibbia Vs. State of Punjab, (1980) 2 SCC 565, the petitioner is 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 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 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 an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.” MOHIT 2025.05.29 09:48 I attest to the accuracy and integrity of this document
CRM-M-24659-2025 (O&M) -3-
3. Learned State counsel on instructions from ASI Rupinder Singh, submits that in compliance of order dated 07.05.2025 passed by this Court, the petitioner has joined the investigation and is not required for further custodial interrogation. 4.
Keeping in view the statement made by learned State Counsel the order dated 07.05.2025, is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 438(2) of Cr.P.C./Section 482(2) of BNSS, 2023. 5. The petition is accordingly disposed of. (HARPREET SINGH BRAR) 27.05.2025
JUDGE
shruti Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT 2025.05.29 09:48 I attest to the accuracy and integrity of this document