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2025 DAILYLAW 73586 (PNJ)

BALJINDER SINGH @ KADDA v. STATE OF PUNJAB

CRM-M/34111/2025 · 2025-08-06

Sanjay Vashisth

body2025

Judgment text

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CRM-M-34111-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 220-2 CRM-M-34111-2025 Decided on:06.08.2025 Baljinder Singh @ Kadda …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Deepak Bhardwaj, Advocate for the petitioner. Mr. B.P. Singh, AAG, Punjab. Mr. Paras Jagga, Advocate for the complainant. **** SANJAY VASHISTH, J. 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station Baljinder Singh @ Kadda 89 14.07.2023 323, 325, 341, 506, 148, 149 IPC (Section 307 IPC was added later on) Sadar Patiala 2. On 03.07.2025, following order was passed:- “ 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Baljinder Singh @ Kadda, aged about 25 years 89 14.07.20 23 323, 325, 341, 506, 148, 149 Sadar Patiala Patiala RASHMI 2025.08.07 19:09 I attest to the accuracy and integrity of this document CRM-M-34111-2025 2 IPC (Section 307 IPC added later on) 2. Learned counsel for the petitioner, inter alia, contends that co-accused of the petitioner, namely; Manjot Singh, has already been granted concession of ad-interim bail vide order dated 29.05.2025, passed in CRM-M-31012-2025, titled as, “Manjot Singh v. State of Punjab” (Annexure P-3), and said petition is now posted for its hearing on 06.08.2025. Further submits that as per allegations, petitioner is stated to be armed with an iron rod, but no specific injury has been attributed to him. Besides, petitioner is ready to join investigation, if protected from arrest. Thus, he prays for grant of concession of anticipatory bail to the petitioner in the present case. 3. Notice of motion. 4. On advance notice, learned State counsel puts in appearance on behalf of the respondent – State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report by verifying the submissions addressed by the petitioner’s counsel. 5. Adjourned to 06.08.2025. 6. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). RASHMI 2025.08.07 19:09 I attest to the accuracy and integrity of this document CRM-M-34111-2025 3 7. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 8. To be heard along with CRM-M-31012-2025.” 3. Learned counsel for the petitioner submits that in compliance of the order dated 03.07.2025, petitioner has joined the investigation and extended full co-operation. 4. Learned State counsel, on instructions, submits that petitioner has joined investigation and submits that as of now, custodial interrogation of the petitioner is not required. However, it is submitted that the petitioner be directed to rejoin the investigation as and when required by the Investigating Officer. It is further clarified that in the event of non-cooperation or failure to join the investigation when called upon, the petitioner shall not be entitled to claim the benefit of anticipatory bail. 5. After hearing learned counsel for the respective parties and upon perusal of the allegations levelled in the FIR as well as the issues highlighted during the course of hearing, and taking into consideration the fact that the petitioner has joined the investigation and has extended full cooperation, and that custodial interrogation is not required as of now, this Court deems it appropriate to allow the present petition. Accordingly, the prayer for anticipatory bail is accepted. The interim RASHMI 2025.08.07 19:09 I attest to the accuracy and integrity of this document CRM-M-34111-2025 4 order dated 03.07.2025 is hereby made absolute. Petition is, thus, allowed. 6. However, the petitioner shall continue to join the investigation as and when required by the Investigating Officer and shall abide by all the terms and conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023). It is further clarified that in the event the petitioner fails to join or rejoin the investigation despite service of due notice by the Investigating Officer, it shall be open to the prosecution to seek cancellation of the anticipatory bail. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he do not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 7. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE 06.08 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.08.07 19:09 I attest to the accuracy and integrity of this document