Buta Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 13.06.2025 BUTA SINGH

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Dheeraj Mahajan, Advocate for the petitioner. Mr. Luvinder Sofat, Sr. DAG, Punjab.

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

Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.49 dated 19.04.2025 under Sections 420 and 120-B of IPC and Section 82 of Registration Act, 1908 registered at Police Station Qadian, District Batala.

2.

This Court while issuing notice of motion on 03.06.2025 passed the following order:- "Present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in FIR No.49 dated 19.04.2025 under Sections 420, 120-B IPC and Section 82 of Registration Act, 1908, registered at Police Station Qadian, District Batala.

Learned counsel for the petitioner has contended that there is delay of about four years in registration of the FIR in the present case and the petitioner has been falsely implicated in the present case at the instance of the complainant. She has submitted that the land that was acquired by Punjab Government is distinct from the land allegedly transferred in favour of the son of the petitioner. She has referred to an Annexure P2 Tasdiknama/Certification of the Sarpanch of Gram Panchayat, Khajala, as per which on account of party faction a false complaint has been filed against the petitioner. She has submitted that the case is based on the documentary evidence and custodial interrogation is not required. She has further submitted that the petitioner is ready and willing to join the investigation.

Notice of motion.

Mr. Navdeep Singh, DAG, Punjab, accepts notice on behalf of the respondent-State and seeks time to file status report. List on 13.06.2025.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be released on interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/ Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 482(2) BNSS." 3.

Status report dated 12.06.2025 has been filed by learned State counsel, in Court today, which is taken on record. Learned State counsel on instructions from ASI Surjit Singh submits that in compliance of order dated 03.06.2025, 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 03.06.2025 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.

9.

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 (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 13.06.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No