Bhura Singh And ORS v. State Of Punjab

CRM-M-59694-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-59694-2024 Date of Decision: 18.12.2024 BHURA SINGH AND ORS

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Himmat Singh Deol, Advocate for the petitioners. Mr. Randhir Singh Thind, DAG, Punjab.

***** KIRTI SINGH , J. (Oral) Apprehending arrest the petitioners have filed this petition under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.92 dated 16.10.2024 under Sections 109, 132, 221, 191(3), 190, 324(4), 223 and 121(2) of BNS, registered at Police Station Dayapura, District Bathinda.

2.

Learned counsel for the petitioners submits that all the injuries inflicted on the person of victims have been declared simple in nature and offence under Section 109 of BNS is not made out. 3.

Reply dated 17.12.2024 has been filed by learned State counsel in Court today. Learned State counsel on instructions of ASI Avtar Singh submits that in compliance of order dated 28.11.2024, the petitioners have joined the investigation and are not required for any further investigation. 4.

Heard.

5.

A perusal of the reply dated 17.12.2024 reveals that all the alleged injuries have been declared simple in nature. KAVITA NAIN 2024.12.19 16:54 I attest to the accuracy and integrity of this document order/judgment

CRM-M-59694-2024 6.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 28.11.2024 passed by this Court, is hereby made absolute.

7.

This order should not be treated as "blanket" order. It will not be read granting the 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. 8.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioners.

9.

The accused/petitioners 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 or her from disclosing such facts to the Court or to any police officer.

10.

The accused/petitioners shall not leave India without prior permission of the Court.

11.

The accused/petitioners shall join the investigation as and when called by the police.

12.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. (KIRTI SINGH) 18.12.2024 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No KAVITA NAIN 2024.12.19 16:54 I attest to the accuracy and integrity of this document order/judgment