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High Court of Punjab and HaryanaCRM-M/32368/2025allowed

Sarabjit Kaur And Others v. State Of Punjab

2025-07-08Mr. Justice Sumeet Goel2 pages

CRM-M No.32368 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.32368 of 2025 Date of decision : 8.7.2025 Sarabjit Kaur and others .............Petitioners

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Gagan Deep Grewal, Advocate, for the petitioners Mr. Jaypreet Singh, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of anticipatory bail to the petitioners in case FIR No.110 dated 11.5.2025, under Sections 303 (2), 324 (4), 351 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 317 (2), 329 (3) and 190 of BNSS added later on), registered at Police Station Amargarh, District Malerkotla.

2.

On 13.6.2025, the following order was passed: 'Counsel for the petitioners, inter alia, contends that the genesis of the FIR in question actually arises from a land dispute, allegations of theft have been levelled so as to end severity to the alleged offence (s) & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On the strength of advance notice; Mr. Adhiraj Singh, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab. Adjourned to 08.07.2025.

The petitioners are directed to appear before the Investigating Officer on Ashwani Kumar 2025.07.08 18:09 I am the author of this document

CRM-M No.32368 of 2025 -218.06.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioners shall be released on interim bail subject to furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioners shall join the investigation. They shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.' 3.

Learned State counsel (on instructions) submits that pursuant to the order dated 13.6.2025, the petitioners have joined investigation and are no longer required for custodial interrogation. 4.

In view of the above, the instant petition is allowed. The interim order dated 13.6.2025, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 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 petitioners violates any condition stipulated under Section 482(2) of BNSS 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 8.7.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2025.07.08 18:09 I am the author of this document