Sukhdev Alias Sukh Dev v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: February 11, 2025 Sukhdev @ Sukh Dev ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Dinesh Nagar, Advocate, for the petitioner.

Mr. Jasdeep Singh, DAG, Punjab.

**** SANJAY VASHISTH, J.

1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner FIR No.

Date Section Police Station District Sukhdev @ Sukh Dev s/o Dhanpat Ram, aged 32 years 21.11.2023 323, 325, 460, 148 & IPC Kathgarh SBS Nagar 2.

On 27.12.2024, following order was passed by the Coordinate Bench of this Court:- "Present:- Mr. Dinesh Nagar, Advocate for the petitioner. **** Apprehending his arrest in FIR No. 0089 dated 21.11.2023 registered for offences punishable under

Sections 323, 325, 460, 148, 149 IPC at Police Station Kathgarh, SBS Nagar, Punjab; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail.

Inter-alia contends that though the petitioner is alleged to be armed with a gandasi but no injury has been attributed to the petitioner, the petitioner has only been attributed the role of lalkara & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice on behalf of the respondent-State.

Adjourned to 11.02.2025.

The petitioner is directed to appear before the Investigating Officer on 07.01.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023."

3.

Today, learned State counsel and the counsel for the petitioner are ad idem to the fact that in pursuance to the order dated 27.12.2024, the petitioner has joined the investigation, and fully cooperated. Learned State counsel also submits that as of now custodial interrogation of the petitioner is not warranted. 4.

Heard learned counsel for the parties.

5.

Since the petitioner has joined the investigation and his custodial interrogation is no more required, present petition is allowed and ad-interim order dated 27.12.2024, passed by the Co-ordinate Bench of this Court is hereby made absolute.

However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023 / 438(2) Cr.P.C. 6.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE February 11, 2025 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO