Sukha Singh vs State Of Punjab

Sumeet Goel, J

Apprehending his arrest in FIR No.0193 dated 10.09.2024 registered for offences punishable under Sections 304(2), 126(2), 190 of BNS (Section 317(2) of BNS added lateron) at Police Station Division No.6, District Ludhiana; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

On 17.03.2025, the following order was passed:

“Petitioner is seeking the concession of anticipatory bail under Section 482 of BNSS, 2023 in case FIR No.0193, dated 10.09.2024, under Sections 304(2), 126(2), 190 of BNS (Section 317(2) of BNS added lateron), registered at Police Station Division No.6, District Ludhiana. Learned counsel for the petitioner inter alia contends that the FIR in question was lodged against unknown assailants, who allegedly snatched the gold chain and gold ring of the complainant. The petitioner was nominated subsequently on the basis of a disclosure statement allegedly suffered by the co accused, Pardeep, who claimed that the petitioner was accompanying him and the other co-accused at the time of the alleged occurrence. On a pointed query as to whether the petitioner has any previous criminal antecedents, learned counsel has replied in the negative.

Notice of motion.

On the asking of the Court, Mr. H.S. Deol, Senior DAG, Punjab, accepts notice on behalf of respondent-State and prays for time to make his submissions. Adjourned to 14.07.2025.

Meanwhile, the petitioner is directed to join the investigation and appear before the investigating agency as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C./482(2) of the BNSS, 2023.”

On 24.07.2025, the following order was passed:

“Learned counsel for the petitioner has submitted that the petitioner has always been willing to join investigation and cooperate therein. In the interest of justice, adjourned to 07.08.2025. Interim order dated 17.03.2025 is restored. The petitioner is afforded another opportunity to join investigation in terms of the order dated 17.03.2025, and is directed to appear before the Investigating Officer on 25.07.2025 at 11:00 A.M. in concerned Police Station and join investigation.”

Learned State counsel (on instructions from ASI Sukhpal Singh) has submitted that the petitioner has joined investigation and he is not required for further custodial interrogation.

Keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation and he is not required for further custodial interrogation, the petition is allowed and the order dated 17.03.2025 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS.

This order should not be treated as “blanket” order. It will not be read granting petitioner 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.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case.

Pending application(s), if any, shall also stand disposed off.