Bharpoor Singh Alias Bharbhur Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-38962-2024 (O&M) Date of decision: 15.01.2025 BHARPOOR SINGH ALIAS BHARBHUR SINGH ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. R.S. Bhullar, Advocate, for the petitioner. Mr. Navdeep Singh, DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) CRM-387-2025 Application is allowed as prayed for subject to all just exceptions.

CRM-M-38962-2024 1.

The petitioner is seeking the concession of anticipatory bail in FIR No.60 dated 19.07.2024 for the offences under Sections 303(2) & 316(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 317(2) of BNSS added later on) registered at Police Station Bajakhana, District Faridkot.

2.

On 12.08.2024, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel inter alia contends that false allegations have been levelled against the petitioner of having POONAM RATHORE 2025.01.17 11:55 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-38962-2024 (O&M) -2stolen about 150 liters of oil from the oil tanker on which he was employed as a driver. Learned counsel submits that the alleged recovery of the stolen oil already stands affected from a Dhaba, hence, the petitioner's custodial interrogation would not be required.

On a pointed query put to the learned counsel, he has informed the Court that the petitioner has no criminal antecedents, much less of being involved in a case of similar nature." 3.

Learned counsel for the petitioner submits that in compliance of order dated 12.08.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 12.08.2024 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

6.

Pending miscellaneous application(s) also stands disposed of. (MANJARI NEHRU KAUL) January 15, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.17 11:55 I attest to the accuracy and authenticity of this document High Court Chandigarh