Nirmal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 224A DATE OF DECISION :- 11.12.2024 Nirmal Singh and another

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Angel Walia, Advocate for the petitioners. (Through Video Conferencing) Mr. Anup Singh, AAG, Punjab.

Mr. Rishab Goyal, Advocate for respondent No. 2. *** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioners in FIR No.77 dated 17.9.2024, registered for offences punishable under Sections 498-A/406 of IPC, at Police Station Qila Lal Singh, Batala, Gurdaspur. 2.

On 28.11.2024, the following order was passed:- "Apprehending their arrest in FIR No.77 dated 17.9.2024, registered for offences punishable under Sections 498-A/406 of IPC, at Police Station Qila Lal Singh, Batala, Gurdaspur; the petitioners have preferred this petition under Section 482 of BNSS, 2023, seeking pre- arrest bail. Inter alia contends that the genesis of the FIR in question is a matrimonial dispute between the son of the petitioners and respondent no.2complainant/wife, the said matrimonial discord has now been

settled by way of compromise dated 22/25.10.2024 (copy whereof has been appended as Annexure P-2 with the instant petition).

Notice of motion.

At the asking of the Court, Mr. Adhiraj Singh Thind, AAG Punjab, accepts notice on behalf of respondent no.1/State of Punjab.

Mr. Rishab Goyal, Advocate has entered appearance on behalf of respondent no.2 and has filed his memo of appearance. The same be kept on record.

Adjourned to 11.12.2024.

To be heard alongwith CRM-M No.54451 of 2024. The petitioners are directed to appear before the Investigating Officer on 30.11.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioners shall be released on interim bail subject to their furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioners shall join the investigation. They 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 Sukhdev Singh has stated that pursuant to the order dated 28.11.2024, the petitioners have joined investigation and are no longer required for custodial interrogation. 4.

Learned counsel for respondent No. 2 has ratified the matrimonial discord between the parties having settled by way of a compromise dated 22/25.10.2024.

5.

In view of above, the present petition stands allowed and the interim order dated 28.11.2024 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 petitioners 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 petitioners violate 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 11.12.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No