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2025 DAILYLAW 95673 (PNJ)

KULWANT SINGH v. STATE OF PUNJAB

CRM-M/47346/2025 · 2025-09-24

Sumeet Goel

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (220) CRM-M-47346-2025 Decided on : 24.09.2025 Kulwant Singh ……Petitioner(s) Versus State of Punjab ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. H.S. Sidhu, Advocate, for the petitioner (s). Mr. Jaypreet Singh, DAG, Punjab. ***** Sumeet Goel (Oral): 1. Apprehending his arrest in FIR No.59 dated 19.05.2025 registered for offences punishable under Sections 126(2), 115(2), 304, 3(5) of BNS 2023 at Police Station Vairoke, District Fazilka; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. 2. On 27.08.2025, the following order was passed: Apprehending his arrest in FIR No.59 dated 19.05.2025 registered for offences punishable under Sections 126(2), 115(2), 304, 3(5) of BNS 2023 at Police Station Vairoke, District Fazilka; 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 assuming arguendo, the prosecution version is taken to be correct, the prime allegation against the petitioner is of giving a simple injury, the allegation of snatching has been made so as to NAVEEN NAGPAL 2025.09.24 15:54 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-47346-2025 P a g e | 2 led gravity to the FIR in question & 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-State of Punjab. Adjourned to 24.09.2025. The petitioner is directed to appear before the Investigating Officer on 02.09.2025 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) has submitted that the petitioner has joined investigation but his further custodial interrogation is required for effecting the recovery of ₹10,000/-. 4. Having heard learned counsel for the rival parties and upon perusal of the record; especially keeping in view the factum of the petitioner having joined investigation & cooperated therein and his custodial interrogation being sought only for recovery of ₹10,000/-; this Court is inclined to confirm the order dated 27.08.2025. 5. Accordingly, the petition is allowed and the order dated 27.08.2025 granting anticipatory bail to the petitioner 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 petitioner indefinite protection from arrest. It shall be NAVEEN NAGPAL 2025.09.24 15:54 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-47346-2025 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. 7. 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. 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) September 24, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.09.24 15:54 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh