Sandeep Alias Dosti and Another Vs State of… — Anticipatory Bail | Punjab & Haryana HC (2025)

Sandeep Alias Dosti and Another Vs State of… — Anticipatory Bail | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail (order dated 18.03.2025) made absolute qua petitioner No.2, subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS; petition rendered infructuous qua petitioner No.1 (deceased).

Issue for consideration

Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of FIR No.123 dated 03.11.2024 under Sections 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Division No.7, Jalandhar. +1 more

Court's answer

The petition is disposed of, and the interim order dated 18.03.2025 is made absolute qua petitioner No.2, subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

Ratio / Principle

Qua petitioner No.1 (Sandeep @ Dosti), the petition has been rendered infructuous, as he joined investigation pursuant to the order dated 18.03.2025 and thereafter unfortunately expired.

Detailed headnote1 paragraphs

Anticipatory bail — S.482 BNSS — CRM-M-14393-2025 (Punjab & Haryana HC, Chandigarh; decided 15.07.2025; Manjari Nehru Kaul, J.) — FIR No.123 dt.03.11.2024, Sections 108, 3(5) BNS 2023, PS Division No.7, Jalandhar — interim anticipatory bail granted 18.03.2025 with direction to join investigation; recitals record counsel's contentions that the FIR was lodged in the heat of the moment by the father of deceased Sahil Sharma alias Mani (who committed suicide by hanging), that a compromise was reached on 11.03.2025 (Annexure P-2), and that the FIR does not attract Sections 108/3(5) BNS — petitioner No.1 Sandeep @ Dosti joined investigation and thereafter expired; petition infructuous qua him — State counsel undisputed cooperation and confirmed petitioner No.2 not required for further investigation or custodial interrogation — petition disposed of; interim order dt.18.03.2025 made absolute qua petitioner No.2 subject to conditions in S.438(2) Cr.P.C./482(2) BNSS.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

214/1

CRM-M-14393-2025 Date of decision: July 15, 2025

SANDEEP @ DOSTI AND ANOTHER

...Petitioner s

Versus STATE OF P UNJAB AND OTHERS

...Respondent s

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present: Mr. Navkiran Singh, Advocate for the petitioners.

Mr. Amit Rana, Sr. DAG, Punja b .

Mr. Yogesh Sharma, Advocate for respondents No.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL)

The instant petition has bee n filed under Section 482 o f Bharatiya N a garik Suraksha Sanhita, 2023 f or grant of anticipatory bail t o the petitione r in case FIR No.123 dated 03.11.2024 under Sections 108, 3(5 ) of the Bhar a tiya Nyaya Sanhita, 2023, regi s tered at Police Station Divisio n No.7, Jaland h ar (Annexure P-1).

On 18.03.2025, the petition e r had been granted interi m anticipatory b ail with direction to join investigation and the relevant part o f the said order reads as under: -

“Learned counsel for the petiti o ner, inter alia, contends that i t was in the heat of the moment, t h e FIR in question was registere d by the father of deceased S a hil Sharma alias Mani, wh o committed suicide by hanging. O n realizing that his son had no t committed suicide on account of the alleged abetment by th e p etitioner, the parties arrived at a compromise on 11.03.2025 vid e A nnexure P-2. It has been also s ubmitted that even otherwise, a p erusal of the allegations levell e d in the FIR do not attract th e mischief of an offence under Sec t ions 108 and 3(5) of the BNS.”

Jaspreet Kaur 2025.07.15 14:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-14393-2025 -2-

Learned counsel for the petitio n ers, at the outset, submits tha t both the pe t itioners have complied with t h e order dated 18.03.2025 an d joined inves t igation. It has also been sub m itted that after petitioner No.1 - Sandeep @ D osti joined investigation, he u n fortunately expired, so qua him , the instant p e tition has been rendered infruct u ous.

Learned State counsel, on ins t ructions, does not dispute th e factum of th e petitioners having joined investigation and cooperated with th e investigatin g agency. He, on further instr u ctions, submits that petitione r No.2 is not required for further investigati o n, much less for his custodia l interrogatio n .

In view of the above, the peti t ion is disposed of, and interi m order dated 1 8.03.2025 is made absolute q u a petitioner No.2 subject to th e conditions l a id down in Section 438(2) Cr.P. C ./482(2) BNSS.

July 15, 2025 (MANJARI NEHRU KAUL) Jaspreet Kaur JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Jaspreet Kaur 2025.07.15 14:57 I attest to the accuracy and integrity of this document Chandigarh