Amandeep Singh Alias Sona v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 21.11.2024 Amandeep Singh @ Sona

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Arnav Ghai, Advocate for the petitioner.

Mr. Adhiraj Singh, AAG, Punjab.

Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. Raghav Gulati, Advocate for the complainant. *** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.01 dated 08.09.2024, under Sections 376(2)(n), 376 and 506 of IPC at Police Station Khanauri, District Sangrur (mentioned as Zero FIR) referred to P.S. City Sangrur. 2.

On 16.10.2024, the following order was passed:- "Apprehending his arrest in FIR No.01 dated 08.09.2024, under Sections 376(2)(n), 376 and 506 of IPC at Police Station Khanauri, District Sangrur (mentioned as Zero FIR) referred to P.S. City Sangrur; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Learned senior counsel for the petitioner, inter alia contends that the genesis of the FIR in question is actually a property dispute; Civil Suits (copies whereof have been appended as Annexures P-3 and P-4 with the instant petition) are pending adjudication between the parties since

the year 2021 & 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. Raghav Gulati, Advocate has appeared and filed vakalatnama on behalf of the complainant. The same is taken on record. At this stage, Dr. Anmol Rattan Sidhu, Sr. Advocate has opposed the grant of interim pre arrest bail to the petitioner. Adjourned to 21.11.2024.

The petitioner is directed to appear before the Investigating Officer on 21.10.2024 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 Narinder Singh, has stated that pursuant to the order dated 16.10.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. It has been further iterated by the learned State counsel that cancellation report qua the FIR in question was prepared on 08.11.2024 and the same has been submitted for consideration before the concerned competent Court. 4.

Learned Senior Counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that the allegations made against the petitioner are serious in nature. Learned Senior Counsel for the complainant has further iterated that investigation has not been carried out in proper perspective and the cancellation report has been wrongly presented by the

police before the concerned Court. He has thus prayed that the instant petition be dismissed.

5.

Keeping in view the entirety of facts and circumstances of the case, especially the factum of petitioner having joined investigation and not required for custodial interrogation as also the factum of a cancellation report dated 08.11.2024 having been put up by the police; the present petition stands allowed and the interim order dated 16.10.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 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 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.

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 21.11.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No