High Court of Punjab and HaryanaCRM-M/80/2025disposed of

Jaspreet Singh v. State Of Punjab

2025-02-03Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 03.02.2025 Jaspreet Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. P.S. Dhaliwal, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab.

Mr. Ashim Singla, Advocate for the complainant. HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.192 dated 03.12.2024 under Sections 307, 351(3), 309, 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station City-2, Mansa, District Mansa. 2.

On 08.01.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner, inter alia, contends that as per case set up by the prosecution, the petitioner and other co-accused have taken the vehicle by intimidation. The complainant intended to sell his vehicle to the petitioner and on the pretext of test drive, the petitioner and co-accused took control over the vehicle and forced the complainant to deboard it by putting knife on his neck. It is further contended that the complainant has already given affidavit to the effect that the vehicle has already been sold and delivered to the petitioner. Similarly

situated co-accused has already been granted the concession of ad interim anticipatory bail by the Coordinate Bench of this Court vide order dated 27.12.2024 passed in CRM-M-65537-2024.

Notice of motion for 03.02.2025.

To be listed along with CRM-M-65537-2024.

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer.

The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS [erstwhile Section 438(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')] If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court.

Court shall decide the case on its own merits, strictly in accordance with law."

Learned State counsel assisted by learned counsel for the complainant and on instructions from ASI Balveer Singh, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. 4.

In view of the statement of learned State counsel, order dated 08.01.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 03.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No