Jagmeet Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DECIDED ON : 21.04.2025 JAGMEET SINGH ......PETITIONER

VERSUS

STATE OF PUNJAB ......RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Piyush Setia, Advocate for the petitioner.

Mr. Amandeep Singh, DAG, Punjab.

**** 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 of Petitioner (s) FIR No. Date Section(s) Police Station District Jagmeet Singh 18.02.2025 132, 207, 221, 226, 351(2), 3(5) of BNS Ram Mandi Jalandhar 2.

On 21.03.2025, following order was passed:- "1.

Prayer in the present petition under Section 482 of BNSS, 2020, is for grant of anticipatory bail to the petitioner in case bearing FIR No.37 dated 18.02.2025 under Sections 132, 207, 221, 226,

-2351(2), 3(5) of BNS, registered at Police Station Ram Mandi, District Jalandhar.

2.

Counsel for the petitioner submits that an application for handing over the possession has been moved to the Executing Court and, therefore, in all probabilities, dispute between the parties is likely to be resolved. Thus, prays for grant of anticipatory bail. 3.

Notice of motion.

4.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, accepts notice on behalf of respondent - State. 5.

Adjourned to 09.04.2025.

6.

It is expected that the application filed by the petitioner for surrendering the possession of the property in question, which he is occupying as a tenant/lease holder, would be finally decided before next date in the present bail application before this Court. 7.

Let copy of order be forwarded to the Executing Court also. 8.

Till next date, petitioner would not be arrested. Question of joining of investigation would be examined on the next date of hearing."

3.

Today Mr. Amandeep Singh, DAG, Punjab puts in appearance and produced a copy of order dated 01.04.2025 passed by Civil Judge (Junior Division), Jalandhar in an execution Application No.1207 of 2023 titled as "R.C.Khosla vs. Jagmeet Singh". The copy of said order is taken on record. Registry is directed to tag the same at appropriate place.

4.

Referring to the order dated 01.04.2025, Mr. Piyush Setia, Advocate submits that possession of property in question has already been handed over to decree holder namely Dr. Arpana Khosla, legal heir of Dr. R.C.Khosla and after recording of the statement of decree holder, execution application has been disposed of having been withdrawn being fully satisfied.

-35.

Considering the previous order passed by this Court and the order dated 01.04.2025 passed by the Executing Court in a civil case, I deem it appropriate to consider the plea of anticipatory bail filed by the petitioner. As this Court is of the view that custodial interrogation may deteriorate the relationship between the two. Once the property in dispute has already been handed over to decree holder, probably the situation may cool down in future resulting into the end of all the disputes. 6.

Accordingly the prayer made in the present petition is accepted and the petitioner is directed to be released on bail in the eventuality of his arrest 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.).

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.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 8.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE April 21, 2025 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No