Bhupinder Singh Alias Bhinda v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 02.04.2025 BHUPINDER SINGH ALIAS BHINDA ....Petitioner(s)

VERSUS

STATE OF PUNJAB ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Amardeep Singh Gill, Advocate for the petitioner.

Mr. Vinay Kumar Malhotra, DAG, Punjab.

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

In the instant petition, on 30.01.2025, following order was passed:- "1.

Present petition has been filed by the petitioner, for grant of anticipatory bail, in case bearing FIR No.81 dated 10.10.2024, under Sections 115(2), 118(1), 118(2), 324(4), 191(3), 190 of the BNS, 2023, registered at Police Station Lohian, District Jalandhar Rural.

2.

Counsel for the petitioner contends that the injured/complainant namely Kehar Singh is facing the civil litigation, in regard to the occupancy of the common rasta, which in fact, at present is being looked after by the sister of the petitioner, who is presently Sarpanch of the village. Further submits that role attributed to the petitioner is that he caused datar blow on the little finger, which as per medical opinion, has been considered as a grevious injury inflicted with a sharp edged weapon, and thus, falling under Section 118(2) of the BNS, (Section 326 of the L.P.C.). The other two injuries suffered by Kehar Singh and three injuries by Charana, are simple in nature. Petitioner is not involved in any other criminal case, also. 3.

Notice of motion.

4.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts an appearance on behalf of the respondent/State. 5.

List again on 02.04.2025, to enable learned State counsel to file status report in the matter.

6.

In the meanwhile, the petitioner is directed to join the 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.

7.

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."

2.

Learned counsel for the petitioner contends that in compliance of the order dated 30.01.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 3.

Learned State counsel confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation.

4.

Heard learned counsel for the parties.

Taking into consideration the said aspect and the fact that petitioner has joined the investigation, learned State counsel is not able to point out anything in specific, requiring need for custodial interrogation of the petitioner. Therefore, present petition is allowed and orders that adinterim order dated 30.01.2025, passed by this Court is hereby made absolute.

6.

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.

7.

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.

8.

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

(SANJAY VASHISTH) April 02, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No