Gurpreet Singh v. State Of Punjab

CRM-M-35966 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35966 of 2024 DATE OF DECISION :- 05.09.2024 Gurpreet Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Chirag Girdhar, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 66 dated 23.11.2023, registered for offences under Sections 354/294/323/34 of the IPC, at Police Station Amir Khas, District Fazilka.

2.

On 07.08.2024, the following order was passed:- "Pursuant to the notice of motion having been issued, learned State counsel has entered appearance.

Apprehending his arrest in FIR No. 66 dated 23.11.2023 registered for offences punishable under Sections 354/294/323/34 of IPC at Police Station Amir Khas, District Fazilka; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

It is Inter alia contended by the learned counsel for the petitioner that the offence of Section 354 IPC has not been made out from the facts and circumstances of the case; there is inexplicable delay in registration of the FIR & the petitioner is willing to join investigation and cooperate therein.

Adjourned to 05.09.2024.

The petitioner is directed to appear before the Investigating Officer on 13.08.2024 at 11:00 A.M. in concerned Police Station and join PARVINDER SINGH 2024.09.05 17:21 I agree to specified portions of this document chandigarh

CRM-M-35966 of 2024 investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023."

3.

Learned State counsel, on instructions from ASI Ranjeet Singh, has stated that pursuant to the order dated 07.08.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

In view of above, the present petition stands allowed and the interim order dated 07.08.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 5.

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. 6.

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, 2023 or upon showing any other sufficient cause.

7.

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 05.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.09.05 17:21 I agree to specified portions of this document chandigarh