Manjinder Singh Alias Mani v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 01.04.2025 MANJINDER SINGH ALIAS MANI ....Petitioner(s)

VERSUS

STATE OF PUNJAB ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Munish Bhardwaj, Advocate for the petitioner.

Mr. Amandeep Singh, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 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 (s) FIR No.

Date Section(s) Police Station Manjinder Singh Alias Mani 06.07.2024 318(4), 336(2), 336(3), 340(@), 61(2) of BNS Sadar Tarn Taran, District Tarn Taran 2.

On 08.01.2025, following order was passed:- "1.

Present petition has been filed by the petitioner namely Manjinder Singh alias Mani, aged about 42 years, seeking grant of concession of anticipatory bail in case bearing FIR No.80, dated 06.07.2024, under Sections 318(4), 336(2), 336(3), 340(2), 61(2) of BNS, registered at Police Station Sadar Tarn Taran, District Tarn Taran.

2.

Counsel for the petitioner inter alia submits that earlier coaccused of the petitioner namely (1) Gurpreet Singh Arora, (2) Raghav Kapoor, (3) Suraj Bhandari and (4) Mandeep Singh @ Manna have filed the anticipatory bail petitions i.e. CRM-M-

36936-2024, CRM-M-44530-2024, CRM-M-44994-2024 and CRM-M-45240-2024, respectively, before this Court, but the same were dismissed by a common order dated 24.09.2024. Said order was assailed by the petitioners before Hon'ble the Apex Court, wherein interim bail has been granted to them and the said orders are annexed as Annexures P-4 to P-7.

3.

Counsel for the petitioner further submits that role of the co-accused, who have already been granted interim bail by Hon'ble the Apex Court, is graver than that of the petitioner. 4.

Notice of motion.

5.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts an appearance on behalf of the respondent/State. 6.

List again on 12.03.2025, to enable learned State counsel to file status report.

7.

At this stage, learned State counsel informs the Court that the petitioner has already been declared proclaimed offender. 8.

It is directed that in case, the petitioner appears before the Court on or before 24.01.2025, he would be released on bail subject to the furnishing bail bonds to the satisfaction of the trial Court. The petitioner shall also abide by all the conditions laid down under Section 482(2) of the BNSS, 2023.

9.

Besides, petitioner would submit/surrender his passport before the trial Court and an undertaking on oath that in case of leaving the country, he would seek prior permission from the Investigating Agency/concerned Court."

3.

Today, counsel produces the copy of order dated 23.01.2025, passed by the Court of Addl. Chief Judicial Magistrate, Tarn Taran, according to which, petitioner has already appeared before the Court and has furnished the bail bonds apart surrendering his passport, the same is taken on record. The said order is reproduced hereunder:- "An application has been moved by the counsel for the accused/applicant Manjinder Singh @ Mani along with order dated 08.01.2025 passed by the Hon'ble High Court. Order has been confirmed verified by the concerned Ahlmad from the site of Hon'ble High Court.

Hon'ble High Court vide order dated 08.01.2025 in the present petition, it is directed that in case, the petitioner appears before the Court on оr before 24.01.2025, he would be released on bail subject to the furnishing bail bonds to the to the satisfaction of the trial Court. The petitioner shall also abide by all the conditions laid down u/s 482(2) of the BNSS.

Besides, petitioner would submit/surrender his passport before the trial Court and an undertaking on oath that in case of leaving the country, he would seek prior permission from the Investigating Agency/concerned Court.

In view of the order dated 08.01.2025 passed by Hon'ble High Court in CRM-M-65489-2024 the requisite bail bonds in the sum of Rs.1,00,000/- with one surety in the like amount has been furnished which are accepted and attested. Accused has also

surrendered his passport in the court. Accused is directed to appear before this court on 30.01.25 date already fixed and paper be attached with the main file."

4.

In view of the fact that petitioner has already appeared in compliance to the directions passed by this Court, has also furnished the bail bonds and learned State counsel is not able to point out anything in specific, requiring need for custodial interrogation of the petitioner. Therefore, present petition is allowed and orders that ad-interim order dated 08.01.2025, passed by 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.

7.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 8.

Disposed of.

(SANJAY VASHISTH) April 01, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No