Jaswinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 26.09.2024 Jaswinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

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

Mr. Divyansh Vats, Advocate for complainant.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in FIR No. 201 dated 19.10.2023, registered for offences under Sections 354-A and 354-B of the IPC, at Police Station Phase-1, S.A.S. Nagar, Mohali.

2.

On 29.08.2024, the following order was passed:- "Apprehending his arrest in FIR No.201 dated 19.10.2023 registered for offences punishable under Sections 354-A and 354-B of IPC at Police Station Phase-1, District SAS Nagar (Mohali); the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that the petitioner was in an inappropriate mental state when the alleged offence was committed; a compromise has

now been arrived at between the petitioner and the victim/complainant (copy whereof has been appended as Annexure P-1 with the instant petition) & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh Thind, AAG, Punjab, appears and accepts notice on behalf of the respondent-State. Mr.Divyansh Vats, Advocate appears and files power of attorney on behalf of complainant. The same is taken on record. Adjourned to 26.09.2024.

The petitioner is directed to appear before the Investigating Officer on 03.09.2024 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 Bharatiya Nagarik Suraksha Sanhita, 2023." 3.

Learned State counsel, on instructions from ASI Jaswant Singh, has stated that pursuant to the order dated 29.08.2024, 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 29.08.2024 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. (SUMEET GOEL) JUDGE 26.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No