Veerpal Singh Alias Hira v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 26.11.2024 Veerpal Singh @ Hira

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Manjot Singh Gujral, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 135 dated 22.11.2023 registered for offences punishable under Sections 363 and 366-A of IPC at Police Station Kathu Nangal, Amritsar.

2.

On 21.10.2024, the following order was passed:- Apprehending his arrest in FIR No. 135 dated 22.11.2023 registered for offences punishable under Sections 363 and 366A of IPC at Police Station Kathu Nangal, Amritsar; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter alia contends that, assuming arguendo, the allegation in the FIR is taken to be correct the only role attributed to the petitioner (herein) is that he has helped the main accused namely Shiva to elope with the victim, no recovery is to be effected from the petitioner & the petitioner is willing to join investigation and cooperate therein.

Adjourned to 26.11.2024.

The petitioner is directed to appear before the Investigating Officer on 24.10.2024 at 11:00 A.M. in concerned Police Station and join investigation. 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."

3.

Learned State counsel, on instructions from ASI Amarjit has stated that pursuant to the order dated 21.10.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

In view of above, the present petition stands allowed and the interim order dated 21.10.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023.

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/ 8.

Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 26.11.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No