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2025 DAILYLAW 75935 (PNJ)

SALINDER @ SALINDER KUMAR v. STATE OF HARYANA

CRM-M/35982/2025 · 2025-08-07

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (209) CRM-M-35982-2025 Decided on : 07.08.2025 Salinder @ Salinder Kumar ……Petitioner(s) Versus State of Haryana ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Kuldeep Singh, Advocate for the petitioner (s). Mr. Gurmeet Singh, AAG, Haryana. ***** Sumeet Goel (Oral): 1. Apprehending his arrest in FIR No.694 dated 16.04.2025 registered for offences punishable under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 303(2) of BNS, 2023 at Police Station HSENB Ambala, District Haryana State Enforcement Bureau; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre- arrest bail. 2. On 11.07.2025, the following order was passed: Apprehending his arrest in FIR No.694 dated 16.04.2025 registered for offences punishable under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 303(2) of BNS, 2023 at Police Station HSENB, District Ambala; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre- arrest bail. NAVEEN NAGPAL 2025.08.07 16:29 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-35982-2025 P a g e | 2 Inter alia contends that the petitioner has been implicated into the FIR only on the question of recovery of JCB machine; the petitioner is the owner of the JCB in question which had actually being deployed for leveling of a path in the village & the petitioner is willing to join investigation and cooperate therein. Notice of motion. On asking of the Court, Mr. Aashish Bishnoi, DAG, Haryana, appears and accepts notice on behalf of the respondent-State. Adjourned to 07.08.2025. The petitioner is directed to appear before the Investigating Officer on 17.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. Learned State counsel (on instructions from ASI Surender Singh) has submitted that the petitioner has joined investigation and he is not required for further custodial interrogation. 4. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation and he is not required for further custodial interrogation, the petition is allowed and the order dated 11.07.2025 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 5. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be NAVEEN NAGPAL 2025.08.07 16:29 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-35982-2025 P a g e | 3 confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. 7. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 8. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) August 07, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.08.07 16:29 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh