Mohinder Singh And ANR v. State Of Punjab And ANR

-1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:- 29.01.2025 
 


....Petitioner(s)

Versus

STATE OF PUNJAB AND ANR

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Ms. Harmanpreet Kaur, Advocate for the petitioners. Mr. Rajinder Singh Bhatta, DAG Punjab.

 




 
  ***** SANJIV BERRY, J. (ORAL) By way of present petition filed unde


Bharatiya Nagarik Suraksha Sanhita, 2023



!"

  #
$ %&
'()*

&+ 



  



,

-,-,

.

.

/
./0(1
'2


'"  
'"

 3
& "

4

4
&!5
4
 5"

4






!
4
2&
4 
4
"
6
4
 7


&4
5
!"

7

4

5
!
5

-2- . 3

& "

 &

5

 
74
4
5
4
4

4
6
 7 


5
8&


& "
 7

4
 

4 
8&

&4
 7

  9 &7
4
& 

47



4
"":7
 :


+( ;The learned counsel for the petitioner inter alia contends that only simple injuries have been attributed to the petitioners and Section 379B IPC has been invoked on account of a dispute regarding lambardari.

Notice of motion for 02.09.2024.

Ms. Ramta K Chaudhary, DAG, Punjab, present in the Court, accepts notice on behalf of the State. In the meantime, the petitioners are directed to appear before the SHO/Investigating Officer to join investigation and in the event of their arrest, they shall be released on bail on their furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 438(2) Cr.P.C.: (i) that the petitioners shall make themselves available for interrogation before the investigating officer as and when required;

(ii) that the petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave the country without prior permission of the Court and shall surrender their passport, if any.

Meanwhile, the State is directed to file an affidavit/reply as to the exact role of the petitioner and his coaccused alongwith the details of pending FIRs, if any, on or before the next date of hearing.< , =7

:
4
!
&!5


5
!
"
 & "

4

4
4

4
6
4
 7

-3-  8&

4






!
4
2&
5

!"

7





4!
5
&!6
 

 7
&


$ *
1


#&4
4
 


6
 7


:4
8&

&&
!
:
 :


&4
& 

!

!
 77


4  
&
4
 >
4
:""

5
:4
4


:"" "&
4
:



:""

"
4
&
:4&
 5



4
2&
/ ?4


"": (SANJIV BERRY) JUDGE 29.01.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No