Sandeep Alias Kala v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-58308-2024 (O&M) Date of decision : 13.01.2025 Sandeep @ Kala
...Petitioner(s)
Versus
State of Haryana
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present:
Mr. Mohan Singla, Advocate, for Mr. Jasdev Singh Thind, Advocate, for the petitioner.
Mr. Ashok S. Chaudhary, Addl.A.G., Haryana..
MAHABIR SINGH SINDHU, J.
Petition under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') has been filed for grant of pre-arrest bail to the petitioner in FIR No.343 dated 21.10.2024, under Sections 110, 115, 3(5), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS'), registered at Police Station Sadar, District Sonipat.
2.
Status report filed by way of affidavit dated 10.01.2025, of Mr. Jeet Singh, HPS, Assistant Commissioner of Police, Kharkhoda, District Sonipat, is take on record. Copy thereof supplied to the other side.
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3.
Allegations are that petitioner along with other co-accused caused injuries to the de facto complainant, Sunil, with deadly weapons.
Registry to do the needful.
4.
Contends that the Coordinate Bench granted interim bail to petitioner on 22.11.2024 and in terms thereof, he has already joined the investigation and his custodial interrogation is not required. 5.
Above factual position is duly acknowledged by learned State Counsel, on instructions from the police officer present in Court and further stated that custodial interrogation of the petitioner is not required at this stage.
6.
Heard learned counsel for the parties and perused the paper-book.
7.
It is an admitted position that petitioner was granted interim bail by the Coordinate Bench on 22.11.2024 and relevant part of the same is recapitulated as under:- " 1. Through the instant petition, as instituted under Section 482 of the B.N.S.S., 2023, the petitioner seeks the concession of anticipatory bail, in case FIR No.343 dated 21.10.2024, under Sections 110, 115, 3(5), 351(3) of the B.N.S., 2023, registered at P.S. Sadar Sonepat.
2. The learned counsel for the petitioner inter alia submits that, even if the allegations voiced in the present FIR are taken to be a gospel truth, yet no injury has been attributed to the petitioner, rather the main injury(ies) suffered by the complainant has been attributed to petitioner's co-accused Balram.
3. Notice of motion for 13.01.2025.
4. Mr. Rajesh Gaur, Addl. A.G., Haryana, accepts notice on behalf of respondent-State of Haryana.
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5. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 482(2) of the B.N.S.S., 2023."
8.
It is acknowledged by learned State counsel that in pursuance of above order, petitioner has joined the investigation and his custodial interrogation is not required at this stage. 9.
In view of above, interim order dated 22.11.2024 is made absolute subject to the conditions as envisaged under Section 482(2) of the BNSS.
10.
It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.
11.
Above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.
12.
Disposed off accordingly.
Pending application(s), if any, shall also stand disposed off. 13.01.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :
Yes No Whether Reportable :
Yes No -3-