Rajinder Kumar Alias Dadu v. State Of Punjab

CRM-M No.39482 of 2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 214/2 ***** CRM-M No.39482 of 2024 Date of decision : 9.9.2024 Rajinder Kumar @ Dadu .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Ajay Pal Singh Rehan, Advocate, for the petitioner Mr. Anup Singh, AAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail to the petitioner in case FIR No.46 dated 3.6.2024, under Sections 307, 452, 354-A (2), 506, 427, 148 and 149 of IPC and Section 25 of the Arms Act, 1959, registered at Police Station Garhdiwala, District Hoshiarpur. 2.

On 13.8.2024, the following order was passed: 'Apprehending his arrest in FIR No. 46 dated 03.06.2024 registered for offences punishable under Sections 307,452,354-A(2),506,427,148 & 149 of IPC and Section 25 of the Arms Act at Police Station Garhdiwala, District Hoshiarpur; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter alia contends that no specific role has been attributed to the petitioner; the petitioner has been falsely implicated into the FIR in question on account of long standing dispute between the parties & the petitioner is willing to join investigation and cooperate therein. Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice on behalf of the respondent-State. Adjourned to 09.09.2024.

The petitioner is directed to appear before the Investigating Officer on 17.08.2024 at 11:00 A.M. in concerned Police Station and join Ashwani Kumar 2024.09.10 10:06 I attest to the accuracy and integrity of this document

CRM-M No.39482 of 2024 -2investigation. 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.

To be heard along with CRM-M-38606-2024.'

3.

Learned State counsel (on instructions) submits that pursuant to the order dated 13.8.2024, the petitioner has joined investigation and is no longer required for custodial interrogation 4.

In view of the above, the interim order dated 13.8.2024, 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 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 9.9.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2024.09.10 10:06 I attest to the accuracy and integrity of this document