Jagroop Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No. 215 CRM-M-57900-2024(O&M) Date of Decision:14.01.2025 Jagroop Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Sandeep Sharma, Advocate for the petitioner.

Mr. Amandeep Singh, DAG, Punjab SANJAY VASHISTH , J.(ORAL) 1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner, who has been booked for having committed the offences punishable under Sections 118(1), 118(2), 191(3), and 190 of BNSS, in a case arising out of FIR No. 177, dated 29.07.2024, registered at Police Station Gharinda, District Amritsar Rural (Annexure P-1).

2.

Short reply by way of affidavit of Deputy Superintendent of Police, Sub Division Attari, Amritsar(Rural) has been filed in Court today and the same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner.

3.

In the present case, the only allegation against the petitioner is of giving lalkara and no overt act has been attributed to him.

CRM-M-57900-2024 - 2 - 4.

On 21.11.2024, the following order was passed by co-ordinate Bench of this Court:- "Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.0177 dated 29.07.2024 under Sections 118(1), 118(2), 191(3) and 190 of BNS registered at Police Station Gharinda, District Amritsar Rural.

2.

Learned counsel for the petitioner, inter alia, submits that the petitioner, along with other co-accused persons, allegedly stopped the complainant party from using water in their field, following which the coaccused attacked the complainant. It is further submitted that there are no specific injuries attributed to the petitioner, and the only allegation against him is that he raised a lalkara. The learned counsel also submits that the petitioner was previously granted interim bail by the learned trial court, vide order dated 27.08.2024 (Annexure P-2). However, due to the petitioner's failure to join the investigation as directed, the said order was set aside. The learned counsel now prays for one last opportunity for the petitioner to join the investigation.

3.

Notice of motion.

4.

Mr. Rubal Pawar, AAG Punjab waives service of notice on behalf of the respondent-State and seeks time to file reply. 5. List on 11.12.2024. 6. In the meantime, petitioner shall join investigation before the Investigating Agency/Officer. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS:-

1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court."

5.

Learned counsel for the State on instructions from ASI Rashpal Singh, states that on 25.11.2024 the petitioner has joined the investigation

CRM-M-57900-2024 - 3 - and all the required investigation has been done. He also submits that as of now, the petitioner is not required by the Investigating Agency for any other purpose.

6.

Heard learned counsel for the parties.

7.

In view of the statement made above and considering all the aforementioned aspects, the present petition is allowed and the ad-interim order dated 21.11.2024 is hereby made absolute. 8.

However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 482(2) of BNSS, 2023.

Petition is disposed of.

( SANJAY VASHISTH ) JUDGE 14.01.2025 dinesh Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No