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2025 DAILYLAW 83246 (PNJ)

RAJINDER PAL ALIAS SURINDER PAL ALIAS GORA BHAMMA v. STATE OF PUNJAB

CRM-M/39496/2025 · 2025-08-21

Sumeet Goel

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Judgment text

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CRM CRM CRM CRM----M M M M----39496 39496 39496 39496---- 208 208 208 208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Rajinder Pal @ Surinder Pal @ Gora Bhamma State of Punjab CORAM: CORAM: CORAM: CORAM: HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Present Present Present Present: Mr. Mr. SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Present petition has been filed under Section Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) anticipatory bail to the petitioner in case FIR No. Sections 319(4), 61(2), 331(1), Police Station 2. O for offences of Bathinda; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeki FIR in question is the factum of the FIR the petitioner is willing to join investigation and cooperate therein. Punjab has entered appearance on behalf of the respondent on investigation. In the interim bail subject to his satisfaction of the Arresting further called by Investigating Officer, investigation. He shall abide by the condition(s) 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM CRM CRM CRM----M M M M Date of decision: Date of decision: Date of decision: Date of decision: Rajinder Pal @ Surinder Pal @ Gora Bhamma versus Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Surinder Garg, Advocate for the petitioner. Mr. Jaypreet Singh, DAG Punjab. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) bail to the petitioner in case FIR No. 319(4), 61(2), 331(1), 324(14) and 3(5) S.G.N. Dev Thermal Plant, Bathinda, District Bathinda. On 25.07.2025, the following order was passed: “Apprehending his arrest in FIR No.60 dated 28.04.2025 registered for offences punishable under Sections 319(4), 61(2), 331(1), 324(14), 3(5) of BNS 2023 at Police Station S.G.N.D. Thermal Plant, Bathinda, District Bathinda; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeki Counsel for the petitioner, inter alia, contends that the genesis of FIR in question is the factum of the FIR the petitioner is willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent Adjourned to 21.08.2025. The petitioner is directed to appear before the Investigating Officer on 31.07.2025 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 further called by Investigating Officer, investigation. He shall abide by the condition(s) 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH M M M M----39496 39496 39496 39496----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 21 August 21 August 21 August 21,,,, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL the petitioner. Jaypreet Singh, DAG Punjab. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of concession of bail to the petitioner in case FIR No.60 dated 28.04.2025, under and 3(5) of the BNS, 2023, registered at S.G.N. Dev Thermal Plant, Bathinda, District Bathinda. the following order was passed: Apprehending his arrest in FIR No.60 dated 28.04.2025 registered punishable under Sections 319(4), 61(2), 331(1), 324(14), 3(5) BNS 2023 at Police Station S.G.N.D. Thermal Plant, Bathinda, District Bathinda; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioner, inter alia, contends that the genesis of the FIR in question is the factum of the FIR-complainant not liking his bride & the petitioner is willing to join investigation and cooperate therein. On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab. The petitioner is directed to appear before the Investigating Officer at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on furnishing personal/surety bond(s) to the 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.” 1111 ....Petitioner ....Respondent Bharatiya for grant of concession of , under registered at Apprehending his arrest in FIR No.60 dated 28.04.2025 registered punishable under Sections 319(4), 61(2), 331(1), 324(14), 3(5) BNS 2023 at Police Station S.G.N.D. Thermal Plant, Bathinda, District Bathinda; the petitioner has preferred this petition under Section 482 of the complainant not liking his bride & On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, The petitioner is directed to appear before the Investigating Officer at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on furnishing personal/surety bond(s) to the Officer. As and when the petitioner shall join the enumerated under Section MAHAVIR SINGH 2025.08.21 18:23 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----39496 39496 39496 39496---- 3. Learned State counsel (on inst to the order dated his custodial interrogation is 4. Having heard learned counsel for the parties the record, especially keeping in view the factum of the petitioner having joined investigation and his custodial interrogation not interim order dated enumerated under Section 5. Petition stands allowed, accordingly. 6. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from the FIR mentioned involves commission of an offence. 7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in c stipulated under Section 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. P August 21 August 21 August 21 August 21,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 Learned State counsel (on instructions) has to the order dated 25.07.2025, the petitioner has custodial interrogation is not required. Having heard learned counsel for the parties the record, especially keeping in view the factum of the petitioner having joined investigation and his custodial interrogation not interim order dated 25.07.2025 is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. Petition stands allowed, accordingly. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 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 Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. 2025 2025 2025 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2222 ructions) has submitted that pursuant , the petitioner has indeed joined investigation, and Having heard learned counsel for the parties and upon perusal of the record, especially keeping in view the factum of the petitioner having joined investigation and his custodial interrogation not sought for by the State, the is made absolute, subject to the conditions as Petition stands allowed, accordingly. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to and will not operate in respect of any other incident that Liberty is reserved in favour of State/complainant to move for ase the petitioner violates any condition or upon showing any other sufficient Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. ending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE 2222 that pursuant and upon perusal of the record, especially keeping in view the factum of the petitioner having joined the is made absolute, subject to the conditions as This order should not be treated as “blanket” order. It will not be arrest. It shall be confined to and will not operate in respect of any other incident that Liberty is reserved in favour of State/complainant to move for ase the petitioner violates any condition or upon showing any other sufficient Needless to say that anything observed herein above shall not be MAHAVIR SINGH 2025.08.21 18:23 I attest to the accuracy and authenticity of this order/ judgment