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High Court of Punjab and HaryanaCRM-M/10509/2025allowed

Gurpreet Singh Alias Gopi v. State Of Punjab

2025-03-26Mr. Justice Sumeet Goel2 pages

CRM-M No.10509 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.10509 of 2025 Date of decision : 26.3.2025 Gurpreet Singh @ Gopi .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Gurpreet Kaur, Advocate and Mr. R.S. Sidhu, Advocate, for the petitioner Ms. Manjot Kaur, AAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail to the petitioner in case FIR No.49 dated 01.5.2024, under Section 61 of Punjab Excise Act, 1914, registered at Police Station Sadar, Tarn Taran, District Tarn Taran.

2.

On 24.2.2025, the following order was passed: 'Contends, inter alia, that recovery of alleged 'Lahan' has already been effected by the police.

Notice of motion.

Ms.Manjot Kaur, AAG, Punjab accepts notice on behalf of the respondentState; seek time to have instructions and/or to file written response in the matter.

Posted for 26.3.2025.

In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.' Ashwani Kumar 2025.03.26 14:01 I attest to the accuracy and integrity of this document

CRM-M No.10509 of 2025 -23. Learned State counsel has filed status report in Court today. The same be kept on record. She (on instructions from ASI Surinder Singh) submits that pursuant to the order dated 24.2.2025, the petitioner has joined investigation and is no longer required for custodial interrogation.

4.

Keeping in view the entirety of the facts and circumstances of the case, especially the State is not requiring the custodial interrogation of the petitioner, the interim order dated 24.2.2025, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS.

5.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 26.3.2025 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2025.03.26 14:01 I attest to the accuracy and integrity of this document