Pardeep Sharma v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-50889 of 2024 Date of decision: 27.01.2025 Pardeep Sharma ....Petitioner V/s State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sahil Vashishat, Advocate, for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab for the respondent-State.

***** MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in case FIR No.108 dated 17.09.2024 under Sections 305, 331 (4) of the BNS, 2023, registered at Police Station Koom Kalan, District Ludhiana. 2.

On 14.10.2024, while issuing notice of motion, the following submissions made by the learned counsel for the petitioners were recorded:- "Learned counsel inter alia contends that the theft took place in the factory of the complainant on 09.09.2024, however, it was after an unexplained delay of 8 days that the FIR in question was lodged. Learned counsel further submits that the petitioner, although was working as a Security Guard in the factory of the complainant, had resigned prior to the occurrence in question, therefore, he had no role to play in the POONAM RATHORE 2025.01.29 15:15 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-50889 of 2024 -2alleged theft. It has also been submitted that the petitioner does not have any previous criminal antecedents." 3.

Thereafter on 28.10.2024, this Court had granted the interim bail to the petitioner and asked him to join investigation and cooperate with the investigating agency.

4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 28.10.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) January 27, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.29 15:15 I attest to the accuracy and authenticity of this document High Court Chandigarh