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High Court of Punjab and HaryanaCRM-M/6149/2025disposed of

Sandeep Singh Alias Kalu v. State Of Punjab

2025-03-06Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-6149-2025 (O&M) Date of decision: 06.03.2025 Sandeep Singh @ Kalu ....Petitioner

Versus

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

Present:

Mr. Ankit Sharma, Advocate for Mr. M.K. Dhot, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail to the petitioner in FIR No.201 dated 16.12.2024, registered under Sections 309(4), 309(5) of BNS, 2023, at Police Station Canal Colony Bathinda, District Bathinda.

2.

On 07.02.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner inter alia contends that there is a delay of 35 days in registration of the FIR and it is not forthcoming as to how the complainant came to know about the identity of the assailants and further no specific role has been attributed to the petitioner. The petitioner although, is involved in one more case, however, he is on bail as is discernible from the

order dated 23.12.2024, passed by learned Judicial Magistrate Ist Class, Bathinda, (Annexure P-3). Notice of motion.

Per contra, learned State counsel opposes the prayer made by the petitioner on the ground that the identity of the petitioner is duly established on the basis of CCTV footage obtained by the investigating agency.

Adjourned to 06.03.2025.

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, the petitioner is directed to appear before the Investigating Officer within two weeks from today and on 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) of BNSS.

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.

Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case

and the trial Court shall proceed without being prejudiced by observations of this Court."

3.

Learned State counsel, on instructions from ASI Kashmir 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 07.02.2025 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 06.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No