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High Court of Punjab and HaryanaCRM-M/6556/2025allowed

Shivraj Singh v. State Of Punjab

2025-04-03Mr. Justice Sanjay Vashisth3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 03.04.2025 Shivraj Singh ......Petitioner

Versus

State of Punjab ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Abhaysher Singh, Advocate, for the petitioner.

Mr. Amandeep Singh, DAG, Punjab.

Mr. Manpreet Singh Rai, Advocate, and Mr. Jaskirat Singh Dhaliwal, Advocate, for the complainant.

**** SANJAY VASHISTH, J.

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 & FIR Date Section(s) Police Station District age of Petitioner No.

(s) Shivraj Singh, aged 44 years 114 23.10.2024 115(2)/118(1)/3(5)/ 324(4) of BNS, 2023, and Section 118(2) of BNS added later on, vide GD No.20 dated 28.12.2024 Sadar Malout Sri Muktsar Sahib 2.

On 04.02.2025, following order was passed:-

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 & age of Petitioner (s) FIR No.

Date Section(s) Police Station District Shivraj Singh, aged 44 years 23.10.2024 115(2)/118(1 )/3(5)/324(4) of BNS, 2023, and Section 118(2) of BNS added later on, vide GD No.20 dated 28.12.2024 Sadar Malout Sri Muktsar Sahib 2.

Case of the prosecution is that injury, which was initially falling under Section 118(1) of BNS (Section 324 IPC), and subsequently converted to Section 118(2) of the BNS (Section 326 IPC), has been attributed to the co-accused namely Hardeep Singh. Petitioner, in fact, was empty handed, and only attribution alleged against him, is causing a brick blow on right wrist of the complainant - Amarjit Singh, which has been declared as simple in nature. 3.

Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4.

Notice of motion.

5.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent - State, and Mr. J.S. Dhaliwal, Advocate, puts in appearance on behalf of the complainant, and files his memorandum of appearance in Court today.

Learned State counsel seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report.

6.

Adjourned to 03.04.2025.

7.

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 adinterim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

8.

Besides, the 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 contends that in compliance of the order dated 04.02.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 4.

Learned State counsel on instructions, confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation. 5.

Heard learned counsel for the parties.

6.

Since the petitioner has joined the investigation and since custodial interrogation is no more required, present petition is allowed and ad-interim order dated 04.02.2025 passed by this Court 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. 7.

At this stage, counsel for the petitioner submits that petitioner is not possessed with passport. Therefore, he would furnish an undertaking by way of submitting an affidavit, declaring that he does not possess any passport, and will personally ensure that it is submitted to the concerned Investigating Officer.

8.

Let the requisite affidavit be submitted by the petitioner to the concerned Investigating Officer, within a period of two weeks from today.

9.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE 03.04.2025 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO