Amarjit Singh Alias Jony Alias Amarjeet v. State Of Punjab
CRM-M No.33595 of 2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.33595 of 2024 Date of decision : 4.10.2024 Amarjit Singh @ Jony @ Amarjeet .............Petitioner
Versus
State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Arkash Mani Garg, Advocate, for Mr. S.S. Sohi, Advocate, for the petitioner Mr. Anup Singh, 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.174 dated 3.6.2024, under Sections 323, 354 and 506 of IPC, registered at Police Station Dera Bassi, District SAS Nagar, Punjab.
2.
On 16.7.2024, the following order was passed:
1. The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.174, dated 03.06.2024, registered at Police Station Dera Bassi, District SAS Nagar, under Sections 323, 354 and 506 IPC.
2. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in this case. The alleged injuries were simple in nature. The petitioner is ready to join the investigation.
3. Notice of motion.
4. On advance notice, Ms. Himani Arora, A.A.G., Punjab, appears on
CRM-M No.33595 of 2024 -2behalf of the respondent-State and has supplied a copy of the MedicoLegal Report, dated 30.05.2024, in Court today. The same is taken on record.
5. Learned State counsel submits that although nature of injuries is simple, however, seeks time to verify the nature of injury No. 3 after X-ray examination.
6. Adjourned to 10.09.2024.
7. In the meanwhile, in the event of arrest, he shall be released on interim bail, on his furnishing bail bonds and surety bonds to the satisfaction of the arresting officer/Area Magistrate and also subject to the following conditions:- (i) That the petitioner shall further make himself available for interrogation by a police officer as and when required. (ii) That the 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 from disclosing such facts to the Court or to any police officer.
(iii) That the petitioner shall not leave India without the prior permission of the Trial Court/CJM concerned.
8. In view of the directions given by Hon'ble the Apex Court, vide judgment dated 18.03.2021, in Aparna Bhat and others vs. State of Madhya Pradesh and another [SLP (Criminal) No. 2531-2021)], a copy of the present order be supplied to the complainant by the investigating officer.
3.
Learned State counsel (on instructions from ASI Paramjit Singh) submits that pursuant to the order dated 16.7.2024, the petitioner has joined investigation and is no longer required for custodial interrogation.
4.
I have heard learned counsel for the parties and have perused the available record.
5.
Keeping in view the entirety of the facts and circumstances of the case, as also the fact that the petitioner has joined the investigation and
CRM-M No.33595 of 2024 -3not required for custodial interrogation; the interim order dated 16.7.2024, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482 (2) of BNSS.
6.
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. 7.
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, or upon showing any other sufficient cause.
8.
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 4.10.2024 Ashwani Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No