Vijay Kumar And Others v. State Of Punjab

CRM-M-47765-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-47765-2025 (O&M) Date of decision: 10.11.2025 VIJAY KUMAR AND OTHERS ....Petitioners

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Saurav Bhatia, Advocate for the petitioners. Mr. Jasjit Singh, DAG, Punjab.

***** AMAN CHAUDHARY. J.

1.

Prayer in the present petition filed under Section 482 BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.34 dated 23.06.2024, registered under Sections 41(1)(A), 21(1) Mines and Minerals (Development and Regulation Act), 1957 and Section 379 of IPC, at Police Station Narot Jaimal Singh, District Pathankot, Punjab (Annexure P-1). 2.

On 10.09.2025, this Court had passed the following order:- "Learned counsel submits that the petitioners are merely drivers and JCB drivers and the vehicles were in the ownership of Gurmehar Stone Crasher, who have taken the vehicle on Superdari on 12.07.2024. No recovery is to be effected from them. They are not involved in any other case and are ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, Mr. M.S. Bajwa, DAG, Punjab, accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 18.09.2025. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, VISHAL VARDHAN 2025.11.10 19:26 I attest to the accuracy and integrity of this document

CRM-M-47765-2025 (O&M) -2subject to compliance of conditions as enshrined under Section 482(2) BNSS.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 10.11.2025."

3.

Learned counsel submits that in pursuance to the order dated 10.09.2025 passed by this Court, the petitioners have not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, they shall make themselves available without demur.

4.

Learned State counsel on instructions from ASI Munish Kumar affirms the factum of joining the investigation by the petitioners and cooperating with the investigating agency. He also submits that at this stage, the petitioners are not required for further custodial interrogation. 5.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioners is allowed and the order dated 10.09.2025 granting interim bail to them, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr.P.C. (now 482(2) of BNSS, 2023).

6.

However, it is made clear that if the petitioners fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to them.

(AMAN CHAUDHARY) JUDGE 10.11.2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.11.10 19:26 I attest to the accuracy and integrity of this document