Harman Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-2606-2025 (O&M) Date of decision: 17.02.2025 Harman Singh ....Petitioner

Versus

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

Present:

Mr. Sumeet Puri, Advocate for the petitioner (through video conferencing) Mr. Sandeep Kumar, DAG, Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.242 dated 02.12.2024 under Sections 118(1), 115(2), 126(2), 351(2)(3), 191(3), 192 of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Lehra, District Sangrur.

2.

On 17.01.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner inter alia contends that petitioner is a student of class 12th and the complainant is also his classmate. Learned counsel submits that now with the intervention of the respectables of the society, a compromise has been effected between the petitioner and the complainant. Further, the case of the petitioner is triable by the Magistrate.

Notice of motion.

On the asking of the Court, Mr. Subhash Godara,

Addl. A.G., Punjab, who is present in Court, accepts notice on behalf of the respondent State.

Ms. Ramandeep Kaur, Advocate has put in appearance on behalf of the complainant and filed her vakalatnama which is taken on record. Registry is directed to tag the same at the appropriate place. She submits that a compromise has been effected between the parties and she has no objection in case, the petitioner is granted the concession of anticipatory bail.

In the meantime, keeping in view the 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, at the first instance, the petitioner is directed to appear before the Investigating Officer within two weeks from today and on his doing so or in the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer. The petitioner shall cooperate with the Investigating/Arresting Officer and abide by the conditions as provided under Section 482(2) BNSS, 2023.

If the Investigating/Arresting Officer does not permit the petitioner to join the investigation, the petitioner would appear before the Illaqa Magistrate, who would then summon the Investigating/Arresting Officer and direct him to join the petitioner in investigation, in terms of the order of this Court.

Adjourned to 17.02.2025.

Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law."

3.

Learned State counsel, on instructions from ASI Gurmail 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 17.01.2025 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 17.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No