Ravinder Singh Alias Babbu v. State Of Punjab

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 20.03.2025 Ravinder Singh alias Babbu . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Kamal Narula, Advocate for the petitioner(s).

Mr. Amandeep Singh, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station District Ravinder Singh alias Babbu 17.04.2023 447, 427, 379, 511, Sadar Dhuri Sangrur 506 of IPC 2.

On 18.01.2025, following order was passed:- "1.

Present petition has been filed by the petitioner, for grant of anticipatory bail, in case bearing FIR No.53, dated 17.04.2023, under Sections 447/427/379/511/506 IPC, registered at Police Station Sadar Dhuri, District Sangrur.

2.

Counsel for the petitioner inter alia contends that broadly, dispute is of civil nature, and the Investigating Officer is required to follow the guidelines issued by Hon'ble Apex Court in "Arnesh Kumar vs. State of Bihar and another, 2014 SCC online SC 532" and

- 2 - "Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825", in regard to Section 41-A of the Cr.P.C. 3.

Counsel for the petitioner further submits that the complainant namely Rupinder Kaur and earlier lodged a similar FIR, in which after completion of the investigation, final report has been submitted. 4.

Counsel for the petitioner also submits that the alleged offence is not such where the custodial interrogation would be required, and the dispute requires to be investigated on the basis of documentary evidence.

5.

Notice of motion.

6.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts an appearance on behalf of the respondent/State. 7.

List again on 20.03.2025, to enable learned State counsel to file status report in the matter.

8.

In the meanwhile, the petitioner is directed to join investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482 (2) of the BNSS, 2023.

9.

Besides, petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the country, he would seek prior permission from the Investigating Agency/concerned Court."

3.

Learned counsel for the petitioner submits that in compliance to the order dated 18.01.2025, petitioner has already joined investigation and fully cooperated with the investigating agency. Further, submits that custodial interrogation of the petitioner would not serve any purpose to the prosecution and therefore, seeks confirmation of the interim bail. 4.

On the other hand, learned State counsel opposes the prayer of the petitioner's counsel, and produces the status report dated 19.03.2025, in Court, which is taken on record, subject to all just exceptions. Office to tag

- 3 - the same at appropriate place.

A copy thereof has been handed over to the counsel for the petitioner.

5.

Learned counsel for the State submits that petitioner has joined investigation and fully cooperated, thus, his custodial interrogation is not required any more.

6.

Heard.

7.

Since the petitioner has joined the investigation and his custodial interrogation is not required, the present petition is allowed and the ad-interim order dated 18.01.2025, is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

8.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 9.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE March 20, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No