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High Court of Punjab and HaryanaCRA-S/4234/2024disposed of

Jaswinder Singh And Others v. State Of Punjab And Others

2025-02-03Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 03.02.2025 Jaswinder Singh and others ....Appellants

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Sandeep Wadhawan, Advocate and Mr. Gurjot Singh, Advocate for the appellants.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. Shisham Kumar, Advocate for Mr. S.K. Choudhary, Advocate for respondents No.2 to 4.

HARPREET SINGH BRAR J. (Oral) CRM-4459-2025 Prayer in the instant application filed under Section 528 of BNSS, 2023 is for placing on record the photographs and Pendrive as Annexures R-2/1 and R-2/2.

Allowed as prayed for subject to all just exceptions. CRA-S-4234-2024 (O&M) 1.

The appellants Jaswinder Singh and others, filed the instant criminal appeal against the impugned order dated 18.12.2024 (wrongly mentioned as 18.11.2024 in the impugned order according to learned counsel appearing for the appellants), passed by learned Additional

Sessions Judge, Patiala, vide which their anticipatory bail has been declined.

2.

On 20.12.2024, the following order was passed:- "XX XX XX XX Learned counsel for appellants pointed out that present case is pertaining to the alleged occurrence dated 05.01.2018 regarding which FIR No.12 dated 08.01.2018, under Sections 341, 323 and 506 of IPC was registered at Police Station City Rajpura (Annexure P-5). Thereafter, respondent/complainant filed representation to Senior Superintendent of Police, District Patiala (Annexure P-6) and also filed one criminal writ petition (Annexure P-7), in which there were no allegations falling under the provisions of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. Thereafter, respondent/complainant and others filed private complaint which was also dismissed vide order dated 11.05.2022 (Annexure P-2) and they preferred revision thereto and vide order dated 04.03.

2024 (Annexure P-3), case was remanded back to the trial Court for reconsideration and ultimately present appellants were ordered to be summoned vide summoning order dated 19.04.2024 (Annexure P-4). The proceedings in the said complaint were stayed in pursuance of registration of aforesaid FIR No.12 dated 08.01.2018. It was reported that cancellation report was being presented and thereafter proceedings in complaint case were initiated by issuing process of summoning. It is argued that allegations are false. Present appellants are ready to appear before the trial Court.

Notice of motion.

On asking of this Court, Mr. Kewal Singh, Addl. A.G. Punjab notice on behalf of State. He seeks an adjournment to file status report. Mr. R.K. Choudhary, Advocate appeared and filed Vakalatnama on behalf of respondents No. 2 to 4, which is taken on record.

Considering the aforesaid factual position, this Court is inclined to grant interim bail to the appellants with direction to appear before trial Court/Duty Judge on or before date fixed and be released on interim bail to the satisfaction of trial Court/Duty Judge concerned.

Adjourned to 03.02.2025, for filing status report." 3.

Learned State counsel assisted by learned counsel for respondents No.2 to 4, has filed status report by way of affidavit of Manjit Singh, Deputy Superintendent of Police, Circle Rajpura, District Patiala, today in the Court, which is taken on record and he, on instructions from ASI Jagdish Kumar, informs the Court that the appellants have appeared before the learned trial Court and they have been released on interim bail.

4.

In view of the statement of learned State counsel and the fact that the appellants were ordered to be summoned vide order dated 19.04.2024 (Annexure P-4) and they appeared before the learned trial Court and have been admitted to interim bail, no further directions are required to be passed. Accordingly, the order dated 20.12.2024 is hereby made absolute. The appellants shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 03.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No