Parvinder Singh v. State Of Ut Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-6620-2025 (O&M) Date of decision: 04.03.2025 Parvinder Singh ....Petitioner

Versus

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

Present:

Mr. H.S. Randhawa, Advocate for Mr. P.S. Ahluwalia, Advocate for the petitioner.

Mr. Manish Bansal, PP, U.T., Chandigarh.

Ms. Divya Sharma, Advocate for the injured - Manpreet Singh.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail in FIR No.09 dated 19.02.2024 under Sections 323, 341, 506, 34 of the Indian Penal Code, 1860 (for short 'IPC') (Section 307 of IPC was added later on), registered at Police Station North, Chandigarh. 2.

On 05.02.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner, inter alia, contends that similarly situated co-accused, namely Davinder Singh, has already been granted the concession of ad interim anticipatory bail by this Court vide order dated 20.01.2025 passed in CRM-M-2881-2025. It is further contended that it is a case of version and cross-

version and two persons from the petitioner side suffered injuries and one of the injury has been declared grievous in nature. Another co-accused, namely Simranpreet Singh, was granted the concession of regular bail by learned Additional Sessions Judge, Chandigarh on 03.10.2024 on the basis of affidavit given by injured Manpreet Singh, where he made a complete U-turn from the case set up by the prosecution in the FIR (supra) and none of the injuries has been declared dangerous to life by the medical expert. Notice of motion.

Mr. Manish Bansal, PP, U.T. Chandigarh, who is present in the Court, accepts notice on behalf of the respondent-U.T. Chandigarh and Ms. Divya Sharma, Advocate appears on behalf of injured Manpreet Singh. Learned counsel for injured Manpreet Singh opposes the prayer for grant of anticipatory bail to the petitioner on the ground that cross-version was got registered after 06 months of the alleged incident and the injury was apparently self suffered and it was on non-vital part, as the injured left the hospital against the medical advice. Adjourned to 04.03.2025.

Keeping in view the ratio of 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 Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the

petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law."

3.

Learned State counsel, on instructions from ASI Ramesh Kumar, 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 05.02.2025 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 04.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No