IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 211 CRM-M-52151-2024 Date of decision: 22.04.2025 Harvinder Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Arjun Veer Sharma, Advocate for the petitioner. Mr. H.S. Deol, Sr. DAG, Punjab. **** MANJARI NEHRU KAUL, J. (ORAL) 1. The petitioner in the instant (second) petition is seeking the concession of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') in case FIR No.80 dated 03.09.2023 under Sections 21(1), 4(1) of the Mines and Minerals (Regulation of Development) Act, 1957 registered at Police Station Chamkaur Sahib, District Rupnagar. 2. On 21.10.2024, while noticing the following submissions made by the learned counsel for the petitioner, this Court had issued notice of motion:- “At the outset, on a pointed query query put to the learned counsel for the petitioner as to how the instant petition was maintainable, he submits that on the previous occasion inadvertently the criminal antecedents of the petitioner were missed out and hence, the petition was dismissed as withdrawn qua him.” VINAY 2025.04.22 18:40 I attest to the accuracy and authenticity of this order/judgment CRM-M-52151-2024 3. Thereafter, on 14.01.2025 while noticing the following submissions made by the learned State counsel, the petitioner had been granted the concession of interim bail and asked to join investigation:- “Learned State Counsel, on instructions, submits that the JCB machine along with the tractor were found parked at the spot where mining was being carried out; the tractor found at the spot was registered in the name of the petitioner. On further query as to whether the petitioner is involved in any other case under the Act, Learned State Counsel, on instructions, has replied in the negative.” 4. Learned counsel for the petitioner submits that in compliance of order dated 14.01.2025, the petitioner has joined investigation and cooperated with the investigating agency. 5. Learned State counsel, on instructions from SHO Gurpreet Singh, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation. 6. In view of the above, the petition is allowed and interim order dated 14.01.2025, is made absolute subject to the conditions laid down in Section 482(2) of the BNSS. Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same. 22.04.2025 (MANJARI NEHRU KAUL) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2025.04.22 18:40 I attest to the accuracy and authenticity of this order/judgment