Tarsem Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 02.05.2025 TARSEM SINGH ....PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.Madan Sandhu, Advocate for the petitioner.

Mr. Jatinder Pal Singh. Sr. DAG, Punjab.

**** SANJIV BERRY, J.(ORAL) By way of present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks anticipatory bail in GD No.35 dated 20.01.2025 under Sections 115(2), 118(1) of BNS, 2023 in FIR as under: - FIR No.

Dated Section Police Station 19.01.2025 118(1), 351(2), 333, 324(2) and 3(5) of BNS City Kapurthala, District Kapurthala 2.

Learned counsel for the petitioner submits that in compliance to the order dated 21.04.2025, the petitioner has joined the investigation.

3.

During the course of hearing on 21.04.2025, following order had been passed: - "Status report dated 20.04.2025 filed in the form of an affidavit of Deputy Superintendent of Police, Sub-Division Kapurthala, District Kapurthala is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. Heard.

After considering the respective arguments and perusing the record, it is not disputed by learned State counsel that the injury attributed to the petitioner, as per the status report, is simple in nature.

Be it the case, without commenting on the merits of the case, it is deemed appropriate that the petitioner should join the investigation first, before deciding the petition on merits. Accordingly, the petitioner is hereby directed to join investigation within seven days from today and co-operate in the same. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) BNSS.

List on 02.05.2025."

4.

Learned State counsel on instructions received from ASI Harjeet Singh informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation.

5.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 21.04.2025 passed by this Court, interim bail granted vide order dated 21.04.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

6.

The petition stands allowed.

7.

It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. (SANJIV BERRY) JUDGE 02.05.2025 anju i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No