Kulwant Singh Vs State of Punjab

Present petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short, ‘the B.N.S.S.’ ) has been filed for grant of pre-arrest bail to the petitioner in FIR No.0042 dated 02.03.2025, under Sections 316(2), 318(4) and 61(2) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Rajpura, District Patiala

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(2) Allegations are that petitioner along with co-accused in connivance with each other had duped the de facto complainant to the tune of Rs.15,00,000/- on the pretext of selling land.

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(3) Learned counsel contends that petitioner was granted interim bail by this Court, vide order dated 19.03.2025 and in pursuance thereof, he has already joined the investigation; hence, his custodial interrogation is not required.

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DIWAKER GULATI 2025.05.16 14:31 I attest to the accuracy and integrity of this document

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CRM-M-14708-2025

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(4) Learned State counsel, on instructions from the quarter concerned, acknowledged the above factual position, and submits that as on today, custodial interrogation of the petitioner is not required.

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(5) Heard learned Counsel for the parties and perused the

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paper-book.

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(6) It transpires that petitioner was granted interim bail by this Court, vide order dated 19.03.2025 and the order reads as under:-

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“Contends, inter alia, that petitioner is not the beneficiary of alleged transaction; rather implicated on the allegation that he signed the Agreement to Sell dated 23.09.2024 as a witness.

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Notice of motion.

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Mr. Kunwarbir Singh, learned AAG, Punjab accepts notice on behalf of the respondent; seeks time to have instructions and/or to file written response in the matter.

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Posted for 15.05.2025.

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In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.”

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(7) It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and his custodial interrogation is not required.

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(8) In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 19.03.2025 is made absolute subject to the conditions as envisaged under Section 482(2) of the BNSS.

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DIWAKER GULATI 2025.05.16 14:31 I attest to the accuracy and integrity of this document

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CRM-M-14708-2025

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(9) It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

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(10) The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter.

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(11) It is also clarified that in case of any recurrence on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order.

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

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15.05	.2025	(MAHABIR SINGH	SINDHU)
d.gulati		JUDGE
	Whether speaking / reasoned :	Yes	No
	Whether Reportable :	Yes	No

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DIWAKER GULATI 2025.05.16 14:31 I attest to the accuracy and integrity of this document

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Kulwant Singh v. State of Punjab

Case brief

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Kulwant Singh v. State of Punjab

Case brief

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