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2025 DAILYLAW 76771 (PNJ)

DAVINDER SINGH ALIAS BINDER AND ANOTHER v. STATE OF PUNJAB

CRM-M/36079/2025 · 2025-08-07

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (210) CRM-M-36079-2025 Decided on : 07.08.2025 Davinder Singh @ Binder and another ……Petitioner(s) Versus State of Punjab ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. S.S. Grewal, Advocate for the petitioner (s). Mr. Jasjit Singh, DAG, Punjab. ***** Sumeet Goel (Oral): 1. Apprehending their arrest in FIR No.75 dated 01.06.2025 registered for offences punishable under Sections 329(3), 351(2) 62, 191(3) and 190 of BNS, 2023 and Sections 25/27/54/59 of Arms Act at Police Station Maur, District Bathinda, Punjab; the petitioners have 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 their arrest in FIR No.75 dated 01.06.2025 registered for offences punishable under Sections 329(3), 351(2) 62, 191(3) and 190 of BNS, 2023 and Sections 25/27/54/59 of Arms Act at Police Station Maur, District Bathinda, Punjab; the petitioners have preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that no injury NAVEEN NAGPAL 2025.08.07 17:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-36079-2025 P a g e | 2 whatsoever has been caused at the end of the petitioners; there is a dispute pertaining to agricultural land; the petitioners were granted interim anticipatory bail by the Sessions Court, which was subsequently declined on account of their non cooperation & the petitioners are willing to join investigation and cooperate therein. Notice of motion. On asking of the Court, Mr. Jatinder Pal Singh, Sr. DAG, Punjab, appears and accepts notice on behalf of the respondent-State. Adjourned to 07.08.2025. The petitioners are 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 petitioners shall be released on interim bail subject to their furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioners shall join the investigation. They 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 Ram Singh) has submitted that the petitioners have joined investigation and they are not required for further custodial interrogation. 4. At this stage, Mr. Gurmeet Singh Saini, Advocate has caused appearance on behalf of the complainant and filed his power of attorney. He has vehemently opposed the grant of anticipatory bail to the petitioners by arguing that allegations raised against the petitioners are serious in nature and in case they are enlarged on anticipatory bail, there is all likelihood that they may abscond from the process of justice as also interfere in the investigation/witnesses. 5. Keeping in view the. factual milieu of the case in hand, especially the factum of the petitioners having joined investigation and they are not required for further custodial interrogation, the petition is allowed and the order dated 11.07.2025 granting interim anticipatory bail NAVEEN NAGPAL 2025.08.07 17:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-36079-2025 P a g e | 3 to the petitioners is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 6. This order should not be treated as “blanket” order. It will not be read granting petitioners indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioners violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. 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 17:42 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh