OM PARKASH v. STATE OF PUNJAB

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Advocate Mr. Jatin Bansal Kotshamir, Advocate for the petitioner. Mr. Ravinder Singh, DAG, Punjab. Mr. Ravinder Singh, DAG, Punjab Mr. S.S. Sodhi, Advocate for for the complainant. Mr. Rajeev, Advocate for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.82 dated 10.09.2025, petitioner seeks anticipatory bail in case FIR No.82 dated 10.09.2025, petitioner seeks anticipatory bail in case petitioner seeks anticipatory bail in case at Police registered under Sections 299, 331 (3) and 305 of BNS, 2023, at Police registered under Sections 299, 331 (3) and 305 of BNS, 2023, registered under Sections 299, 331 (3) and 305 of BNS, 2023, Station Amir Khas, District Fazilka. Station Amir Khas, District Fazilka

2. On 11.11.2025, following order .2025, following order was passed: - Prayer in the present petition filed under Section 482 of the “Prayer in the present petition filed under Section 482 of the Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in 5, registered under Sections case FIR No.82 dated 10.09.2025, registered under Sections case FIR No.82 dated 10.09.202 299, 331 (3) and 305 of BNS, 2023, at Police Station Amir 299, 331 (3) and 305 of BNS, 2023, at Police Station Amir 299, 331 (3) and 305 of BNS, 2023, at Police Station Amir Khas, District Fazilka. GURPREET 2026.01.13 17:30 I attest to the accuracy and authenticity of this document. CRM-M-57257 57257-2025 - -2- Brief facts as per the prosecution case are that the Brief facts as per the prosecution case are that the Brief facts as per the prosecution case are that the 20 other unknown persons armed with petitioner along with 15-20 other unknown persons armed with 20 other unknown persons armed with petitioner along with 15 entered the temple premises and while deadly weapons, forcibly entered the temple premises and while entered the temple premises and while trying to take illegal possession of the temple had caused trying to take illegal possession of the temple had caused trying to take illegal possession of the temple had caused sacrilege to the idols of the Hindu Gods and Goddesses sacrilege to the idols of the Hindu Gods and Goddesses sacrilege to the idols of the Hindu Gods and Goddesses installed therein. Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the icated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely impl petitioner has been falsely impl further contends that the matter is purely of civil nature and further contends that the matter is purely of civil nature and further contends that the matter is purely of civil nature and further contends that the matter is purely of civil nature and civil suit regarding said land is already pending. Learned civil suit regarding said land is already pending. Learned civil suit regarding said land is already pending. Learned counsel submits that the petitioner is not involved in the alleged counsel submits that the petitioner is not involved in the alleged counsel submits that the petitioner is not involved in the alleged submits that a compromise occurrence. Learned counsel further submits that a compromise occurrence. Learned counsel further - has been effected between the parties and a petition i.e. CRM has been effected between the parties and a petition i.e. CRM- 2025 has been filed by the petitioner for quashing of M-62160-2025 has been filed by the petitioner for quashing of 2025 has been filed by the petitioner for quashing of the aforesaid FIR which is fixed before this Court for today and the aforesaid FIR which is fixed before this Court for today and the aforesaid FIR which is fixed before this Court for today and . No recovery is to be in which notice of motion has been issued. No recovery is to be in which notice of motion has been issued effected from the petitioner. Learned counsel has further effected from the petitioner. Learned counsel has further effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigation as and when called upon to do so by the investigating agency. Notice of motion. Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, Court, Mr. Ravinder Singh, DAG, State and Punjab, accepts notice on behalf of the respondent-State and Punjab, accepts notice on behalf of the respondent seeks time to file the status report in the matter. seeks time to file the status report in the matter. Mr. S.S.Sodhi, Advocate has appeared and filed memo of Mr. S.S.Sodhi, Advocate has appeared and filed memo of Mr. S.S.Sodhi, Advocate has appeared and filed memo of ken on appearance on behalf of the complainant. The same is taken on appearance on behalf of the complainant. The same is ta record. He has affirmed the factum of compromise between the record. He has affirmed the factum of compromise between the record. He has affirmed the factum of compromise between the parties and submits that he has no objection, if the present parties and submits that he has no objection, if the present parties and submits that he has no objection, if the present parties and submits that he has no objection, if the present petition is allowed. petition is allowed. Adjourned to 29.11.2025. Adjourned to 29.11.2025. In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join from today and would appear as investigation within a week from today and would appear as from today and would appear as and when required by the Investigating Officer and cooperate and when required by the Investigating Officer and cooperate GURPREET 2026.01.13 17:30 I attest to the accuracy and authenticity of this document. CRM-M-57257 57257-2025 - -3- with the Investigating Agency. In the event of arrest, he shall be with the Investigating Agency. In the event of arrest, he shall be with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to admitted to interim bail on furnishing of bail/surety bonds to admitted to interim bail on furnishing of bail/surety bonds to g/Investigating Officer. The satisfaction of Arresting/Investigating Officer. The satisfaction of Arrestin petitioner shall also abide by the conditions as envisaged under petitioner shall also abide by the conditions as envisaged under petitioner shall also abide by the conditions as envisaged under petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.”

3. Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of this Court, the petitioner has joined the the order dated 11.11.2025 passed by this Court, the petitioner has joined the this Court, the petitioner has joined the the order dated investigation. investigation.

4. Satnam Learned counsel for the State, on instructions from ASI Satnam Learned counsel for the State, on instructions from , has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. longer required for further investigation.

5. view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall interim order dated 11.11.2025 is made absolute. The petitioner shall .2025 is made absolute. The petitioner shall interim order dated continue to join investigation, as and when called by the Investigating continue to join investigation, as and when called by the Investigating continue to join investigation, as and when called by the Investigating continue to join investigation, as and when called by the Investigating ed under Section Officer and shall also abide by the conditions as provided under Section Officer and shall also abide by the conditions as provid Officer and shall also abide by the conditions as provid 482(2) of the BNSS. 482(2) of the BNSS.

12.01.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No `ii) Whether reportable? Yes/No GURPREET 2026.01.13 17:30 I attest to the accuracy and authenticity of this document.