Som Pal v. State Of Punjab And ANR
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Present:
Mr. Subhash Kumar, Advocate, for the petitioner.
Mr. Adesh Pal Singh, AAG, Punjab.
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536 By way of present petition filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS), the petitioner seeks anticipatory bail in case FIR (Annexure P 1) as under:
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#% 13.07.2024 118(1), 190, 191(3), 351(2) of Bharatiya Nyaya Sanhita Bilga, Jalandhar 2.
Learned counsel for the petitioner submits that in compliance to the order dated 28.08.2024, the petitioner has joined the investigation.
3.
During the course of hearing on 28.08.2024, following order has been passed:
Status report dated 27.08.2024 filed in the form of an affidavit ofDeputy Superintendent of Police, Sub Division Phillaur, District Jalandhar (Rural) is taken on record. Copy thereof has been supplied to learned counsel for the petitioner.
2. Heard.
3. Admittedly, the petitioner has already joined the investigation in this case before addition of offence under Section 118(2) BNS. As per the allegations levelled in the FIR, only lalkara is attributed to the petitioner.
4. In view of the facts and circumstances, without commenting on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and co operate in the same. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) BNSS.
5. List on 11.09.2024. 4.
Learned State counsel, on instructions received from ASI Avtar, informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation.
5.
Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 28.08.2024 passed by this Court, interim bail granted vide order dated 28.08.2024 is hereby
confirmed, subject to conditions as envisaged under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS). Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 6.
The petition stands allowed.
7.
It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case.
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preeti i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No