Surinder Kumar @ Bhima And ANR v. State Of Punjab

CRM-M No.41188 of 2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 214/3 ***** CRM-M No.41188 of 2024 Date of decision : 9.9.2024 Surinder Kumar @ Bhima and another .............Petitioners

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Ajay Pal Singh Rehan, Advocate, for the petitioners 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 petitioners 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 23.8.2024, the following order was passed: 'Apprehending their arrest in FIR No. 46 dated 03.06.2024 registered for offences punishable under Sections 307,452,354-A(2),506,427,148 & 149 IPC and Section 25 of the Arms Act, 1959 at Police Station Garhdiwala, District Hoshiarpur; the petitioners have preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter alia contends that no specific role has been attributed to the petitioners; the petitioners have been falsely implicated into the FIR in question as there is a long standing dispute between the petitioners and

CRM-M No.41188 of 2024 -2the complainant side & the petitioners are willing to join investigation and cooperate therein.

Notice of motion.

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

The petitioners are directed to appear before the Investigating Officer on 29.08.2024 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 their 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 BNSS, 2023.

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

3.

Learned State counsel (on instructions) submits that pursuant to the order dated 23.8.2024, the petitioners have joined investigation and are no longer required for custodial interrogation 4.

In view of the above, the interim order dated 23.8.2024, 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 petitioners violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

CRM-M No.41188 of 2024 -37. 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