Sukhwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 14.10.2024 Sukhwinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

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

*** 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.86 dated 9.8.2024, under Sections 115(2), 118(1, 118(2), 74, 298, 3(5) of BNS, registered at Police Station Sadar Gurdaspur, District Gurdaspur.

2.

On 30.08.2024, the following order was passed:- "Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, prayer is made for grant of anticipatory bail to the petitioner in case FIR No.86 dated 9.8.2024, under Sections 115(2), 118(1, 118(2), 74, 298, 3(5) of BNS, registered at Police Station Sadar Gurdaspur, District Gurdaspur. Learned counsel for the petitioner in the asking for the relief (supra) submits that the it is a case of pure concoction, as the entire family of the petitioner has been involved in the instant FIR. He further submits that even if the allegations are taken to be a gospel truth, the

only allegation against the petitioner is that he had pulled up the beard of the complainant.

Notice of motion for 14.10.2024.

On the asking of the Court, Mr. Pardeep Bajaj, DAG, Punjab, accepts notice on behalf of the respondent-State. In the meanwhile, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under Section 482(2) of the BNS."

3.

Short reply by way of affidavit of Sh. Mohan Singh, PPS, Deputy Superintendent of Police, City, District Gurdaspur filed in the Court today. The same be taken on record. A copy thereof has been supplied to learned counsel for the petitioner.

Learned State counsel, on instructions from ASI Harminder Singh, has stated that pursuant to the order dated 30.08.2024, 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 30.08.2024 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 14.10.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No