CRM-M-28639-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 CRM-M-28639-2025 Date of decision: 21.07.2025 Gurmeet Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Deepinder Brar, Advocate, Mr. Anmol Hayer, Advocate Mr. N.S. Mahal, 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, 2023, seeking anticipatory bail in case FIR No.08 dated 10.02.2024 under Sections 21(1) & 4(1) of Mines & Mineral (Regulation and Development) Act, 1957, registered at Police Station Nurpur Bedi, Rupnagar. 2. On 23.05.2025, the following order was passed:- “XX XX XX XX Learned counsel for the petitioner, inter alia, contends that the petitioner has not played any role in the mining activities and his co-accused, namely Supinder Singh, has already been granted the concession of anticipatory bail by this Court vide order dated 11.03.2025 passed in CRM-M-7814-2025 (Annexure P-4). Further, maximum sentence provided for the offences, under which MOHD YAKUB 2025.07.22 11:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-28639-2025 2 the FIR (supra) is registered, is punishable upto 05 years and no notice under Section 35(3) of BNSS [erstwhile Section 41-A of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’)] has been served upon the petitioner. The petitioner is not involved in any other case and he is having clean antecedents. Notice of motion for 21.07.2025. 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 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 Cr.P.C.). 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 MOHD YAKUB 2025.07.22 11:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-28639-2025 3 Court shall decide the case on its own merits, strictly in accordance with law.” 3. Learned State counsel, on instructions from ASI Pawan Kumar, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. 4. In view of the statement of learned State counsel, order dated 23.05.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 5. The petition stands disposed of. (HARPREET SINGH BRAR) JUDGE 21.07.2025 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MOHD YAKUB 2025.07.22 11:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh