CRM-M-28234-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 202 (2nd case) CRM-M-28234-2025 Date of Decision: 01.07.2025 Gurjant Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Ms. Gaganpreet Kaur, Advocate for Mr. Kuldip Singh, Advocate for the petitioner. Mr. Shiva Khurmi, AAG, Punjab. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of the Bharatiya Nagarik Surakhsa Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No.125 dated 07.11.2024, under Sections 333, 115(2), 191(3), 324(4) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Vairoke, District Fazilka. 2. Allegations are that petitioner along with co-accused formed an unlawful assembly and in prosecution of their common object trespassed into the premises of de facto complainant Manjit Singh and inflicted injuries on the person of the complainant party with their respective weapons. -1- ITHLESH KUMAR 2025.07.03 10:46 I attest to the accuracy and integrity of this order/judgment CRM-M-28234-2025 3. Contends that petitioner was granted interim bail by this Court on 21.05.2025 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 quarter concerned 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 while issuing notice of motion, petitioner was granted interim protection by this Court on 21.05.2025 and the order reads as under:- “Contends that co-accused, namely, Baljinder Singh and Parmatma Singh have already been granted interim protection by the Co-ordinate Bench vide order dated 07.05.2025 (P-2) passed in CRM- M-24631-2025. Notice of motion. Ms. Manjot Kaur, learned Assistant Advocate General, Punjab, accepts notice on behalf of respondent; seeks time to have instructions and/or to file written response in the matter. Posted for 01.07.2025. 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-24631- 2025.” -2- ITHLESH KUMAR 2025.07.03 10:46 I attest to the accuracy and integrity of this order/judgment CRM-M-28234-2025 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 21.05.2025 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. 01.07.2025 (MAHABIR SINGH SINDHU) Ithlesh JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No -3- ITHLESH KUMAR 2025.07.03 10:46 I attest to the accuracy and integrity of this order/judgment