Abhishek Sharma @ Shanky And ANR v. State Of Punjab

CRM-M No.47517 of 2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.47517 of 2024 Date of decision : 18.11.2024 Abhishek Sharma @ Shanky and another .............Petitioners

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Prikshit Thakur, Advocate, for Mr. Rahul Bhargava, 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 of 2023 in case FIR No.209 dated 12.9.2024, under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 registered at Police Station Sadar Amritsar, District Police Commissionerate, Amritsar.

2.

On 23.9.2024, the following order was passed:- 'Apprehending their arrest in FIR No.209 dated 12.09.2024 registered for offences punishable under Sections 3, 4 and 5 of Immoral Traffic Act, at Police Station Sadar Amritsar, District Police Commissionerate; the petitioners have preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that the petitioners are sought to be implicated in the FIR in question on the basis of a disclosure statement made by one Jatinder Pal Singh @ Raghav; no recovery is to be effected from the petitioners & the petitioners are willing to join investigation and

CRM-M No.47517 of 2024 -2cooperate 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. Adjourned to 18.11.2024.

The petitioners are directed to appear before the Investigating Officer on 28.10.2024 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 b 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 Bharatiya Nagarik Suraksha Sanhita, 2023.' 3.

Learned State counsel (on instructions from SI Jatinder Singh) submits that pursuant to the order dated 23.9.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

I have heard learned counsel for the parties and have perused the available record.

5.

Keeping in view the entirety of the facts and circumstances of the case, especially the factum that the petitioner has joined the investigation and not required for custodial interrogation; the interim order dated 23.9.2024, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482 (2) of BNSS. 6.

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. 7.

Liberty is reserved in favour of State/complainant to move for

CRM-M No.47517 of 2024 -3cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482 (2) of BNSS, or upon showing any other sufficient cause.

8.

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 18.11.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No