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High Court of Punjab and HaryanaCRM-M/64851/2024allowed

Harpreet Singh v. State Of Punjab

2025-02-15Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 1.

CRM-M-64851-2024 Decided on : 15.02.2025 Harpreet Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) 2.

CRM-M-64891-2024 Sahil . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Namish Sodhi, Advocate for the petitioner(s).

Mr. Rishabh Singla, AAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

This order shall dispose of CRM-M-64851-2024 and CRM-M64891-2024, as both the petitions are interconnected and have arisen out of same FIR. However, the lead case is CRM-M-64851-2024. 2.

Prayer in this petition, filed under Section 482 of BNSS, 2023, is for grant of anticipatory bail to the petitioner(s), who have been booked for having committed the offences punishable under Sections 318(4), 316(2) and 61(2) of BNSS, 2023, in a case arising out of FIR No.164, dated 21.10.2024, registered at Police Station Garshankar, District Hoshiarpur. 3.

While hearing both the petitions on 20.12.2024, the Coordinate Bench of this Court passed the following order:- "

Apprehending arrest the petitioners have filed these petitions

- 2 - under Section 482 of BNSS for grant of anticipatory bail in case bearing FIR No.164 dated 21.10.2024 under Sections 318(4), 316(2) and 61(2) IPC, registered at Police Station Garshankar, District Hoshiarpur.

2.

Learned counsel for the petitioners inter alia submits that allegedly the petitioner and co-accused are delivery agents who used to replace the contents of the parcels and thus caused a loss of Rs.2 lacs to the complainant. He further submits that earlier also a complaint was moved against the petitioners, which was found to be false and this fact has been mentioned in the aforesaid FIR. The petitioners have clean antecedents and are ready to join the investigation.

3.

Notice of motion.

4.

Mr. Gurpartap Singh Bhullar, AAG, Punjab waives service of notice on behalf of the respondent-State and seeks time to file reply. 5.

List on 12.02.2025.

6.

In the meantime, petitioners) shall join investigation before the Investigating Agency/Officer. In the event of arrest, the petitioners) 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(s) shall make himself available for interrogation by a police officer as and when required to do so. 2) That the petitioner(s) 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(s) shall not leave India without prior permission of the Court.

7.

A photocopy of this order be placed on the file of another connected case."

4.

Learned counsel for the petitioner(s) further contends that in compliance of the order dated 20.12.2024, passed by the Coordinate Bench of this Court, the petitioner(s) have already joined the investigation and are ready to co-operate with investigation agency, as and when same is required again.

5.

On the other hand, learned State counsel, also confirms the said statement of joining the investigation and thus, submits that the custodial interrogation of the petitioners is not required, at this stage, for the purpose of investigation.

Besides, learned State counsel also files two separate short

- 3 - replies dated 29.01.2025 by way of affidavit of Jaspreet Singh, PPS, DSP, Sub-Division Garshankar, District Hoshiarpur, in both the petitions, in Court today, which are taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

Copies thereof have been handed over to the counsel for the petitioner(s).

6.

Heard learned counsel for the parties.

7.

Since the petitioners have already joined the investigation and their custodial interrogation is not even asked for, present petitions are allowed and the ad-interim order dated 20.12.2024 is hereby made absolute. 8.

However, the petitioners 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 9.

Petitions stand disposed of accordingly.

(SANJAY VASHISTH) JUDGE February 15, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No