Malkit Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (209) Date of Decision: 28.7.2025 Malkit Singh ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Abhishek Dhull, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. Surinder Sharma, Advocate for the complainant.

**** KIRTI SINGH , J. (ORAL) 1.

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of anticipatory bail to the petitioner, in case FIR No. 17 dated 14.3.2025, under Sections 85 and 316(2) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Women, District Police Commissionerate Jalandhar. 2.

Vide order dated 26.5.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "As per mediation report, the matter could not be settled. Adjourned to 28.07.2025.

Meanwhile, the arrest of the petitioner shall remain stayed. He shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;- 1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

-22) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court.

Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner. Interim order to continue."

3.

Learned State counsel on instructions from ASI Kewal Singh submits that in compliance of order dated 26.5.2025, the petitioner has joined the investigation and is not required for any further investigation. 4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 26.5.2025 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the 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.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

7.

The accused-petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

8.

The accused-petitioner shall not leave India without prior permission of the Court.

-39.

The accused-petitioner shall join the investigation as and when called by the police.

10.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.) to arrest the accused-petitioner, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 11.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE July 28, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No