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High Court of Punjab and Haryana · body

2025 DAILYLAW 86149 (PNJ)

BAGGA SINGH AND ANOTHER v. STATE OF PUNJAB

CRM-M/44846/2024 · 2025-04-08

Namit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 206 CRM-M-44846-2024 Date of decision : 08.04.2025 Bagga Singh and another ….Petitioners V/S State of Punjab ….Respondent CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Daljeet Singh Randhawa, Advocate for Mr. A.S. Manaise, Advocate for the petitioner. Mr. Anup Singh, A.A.G., Punjab. Mr. Lajpat Rai Sharma, Advocate for the complainant. **** NAMIT KUMAR , J. (ORAL) 1. The petitioner has filed the instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No.75 dated 05.07.2024 registered under Sections 323, 379, 354, 447, 511, 148 & 149 of Indian Penal Code, 1860 at Police Station Arniwala, District Fazilka. 2. Vide order dated 12.09.2024, while issuing notice of motion, the petitioner was granted ad interim anticipatory bail and was directed to join the investigation. However, he did not join the investigation and the said fact has been recorded in the order dated 09.12.2024 which reads as under :- “Learned State counsel referring to the Para 5 of the status report submits that petition has not joined the investigation. Learned counsel for the petitioners seeks short accommodation to file an affidavit as counter to the status report. Vinod Kothiyal 2025.04.08 17:33 I attest to the accuracy and authenticity of this document CRM-M-44846-2024 -2- Adjourned to 13.01.2025. Interim order to continue till the next date of hearing.” 3. Thereafter, on 13.01.2025, the following order was passed :- “On the last date of hearing, learned State counsel while referring to the averments made in Para 5 of the status report had submitted that the petitioners have not joined the investigation. Learned counsel for the petitioners submit that due to some unavoidable circumstances, petitioner No.1 could not join the investigation and shall join the same. Let petitioner No.1 appear before the Investigating Officer on 29.01.2025 at 11:00 AM and join the investigation. Adjourned to 26.03.2025. Interim order to continue.” 4. Learned State counsel, on instructions from H.C. Lovepreet Singh, submits that despite passing of the abovesaid order dated 13.01.2025, the petitioner did not join the investigation on 29.01.2025. 5. Learned counsel for the petitioner pleads no instructions from the petitioner. 6. Keeping in view the facts and circumstances of the case and the conduct of the petitioner as he has not joined the investigation despite lapse of more than 06 months, the present petition is dismissed. 08.04.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Vinod Kothiyal 2025.04.08 17:33 I attest to the accuracy and authenticity of this document