[Cites 8, Cited by 0]
Punjab-Haryana High Court
Gurpartap Singh vs State Of Punjab on 2 December, 2025
CRM-M-54743-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
208
CRM-M-54743-2025
GURPARTAP SINGH
....PETITIONER
V/s
STATE OF PUNJAB
....RESPONDENT
Date of decision: 02.12.2025
Date of uploading:02.12.2025
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Davinder Singh, Advocate for the petitioner
(presence marked through video-conferencing).
Mr. Baljinder Singh Sra, Addl. AG, Punjab.
*****
SUMEET GOEL, J.
1. Present petition has been filed under Section 482 of BNSS,
2023 for grant of anticipatory bail to the petitioner in case bearing FIR No.
101 dated 29.04.2025, registered for the offences punishable under Sections
22, 29, 61 and 85 of the NDPS Act, and Section 25 of Arms Act (added later
on) at Police Station City Tarn Taran, District Tarn Taran.
2. On 01.10.2025, the following order was passed:-
"Learned counsel for the petitioner, inter alia, contends that
the petitioner is sought to be implicated into the FIR in question
solely on the basis of a disclosure statement made by co-accused
from whom the contraband in question has been allegedly recovered
& the petitioner is willing to join investigation and cooperate
therein. In order to buttress his arguments, learned counsel for the
petitioner has relied upon the dicta of the judgments of the Hon'ble
Supreme Court in 'Vijay Singh versus The State of Haryana'
bearing Special Leave to Appeal (Crl.) No(s).1266/2023, 'State by
(NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr' 2022(1)
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RCR (Criminal) 762, 'Tofan Singh vs. State of Tamil Nadu, AIR
2020 Supreme Court 5592 and 'Smt. Najmunisha, Abdul Hamid
Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control
Bureau' 2024 INSC 290.
Notice of motion.
Mr. Gurpartap S. Bhullar, AAG, Punjab accepts notice on behalf of
the respondents/State.
Adjourned to 10.11.2025.
The petitioner is directed to appear before the Investigating Officer
on 9.10.2025 at 11:00 A.M. in concerned Police Station and join
investigation. In the event of arrest, the petitioner shall be released
on interim bail subject to his furnishing personal/surety bond(s) to
the satisfaction of the Arresting Officer/Investigating Officer. As and
when further called by Investigating Officer, the petitioner shall join
the investigation. He shall abide by the condition(s) enumerated
under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita,
2023."
2. On 10.11.2025, the following order was passed:-
"Learned counsel for the petitioner submits that the petitioner was
not able to join investigation, in terms of the interim protection
earlier afforded to him on 01.10.2025, on account of bereavement in
his family. Learned State counsel has filed short reply by way of an
affidavit dated 09.11.2025 of Rajesh Kakkar, PPS, Deputy
Superintendent of Police, Sub- Division Tarn Taran, District Tarn
Taran, in the Court today, which is taken on record. A copy thereof
has been furnished to learned counsel for the petitioner.
The petitioner is now directed to join investigation, in terms of the
interim protection earlier afforded to him, before the concerned
Investigating Officer on 13.11.2025 at 11:00 A.M. or on a
subsequent date fixed by the concerned Investigating Officer and
cooperate therein. Put up on 02.12.2025.
Interim order to continue."
3. Learned State counsel on instructions from ASI Gurpal Singh,
has submitted that the petitioner has joined investigation and he is not
required for further custodial interrogation.
4. In view of the stance of the State, especially the factum of the
petitioner having joined investigation and he being arrayed as an accused on
the basis of disclosure statement, this Court is inclined to confirm the order
dated 01.10.2025 and 10.11.2025 in light of the dicta of the judgment passed
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by this Court in CRM-M-54032-2024 'Ashu Vs. State of Punjab' and recent
judgment of the Hon'ble Supreme Court passed in 'Jugraj Singh Vs. State
of Punjab' bearing Special Leave to Appeal (Crl.) No.9190/2025.
5. Accordingly, the petition is allowed and the order dated
01.10.2025 granting anticipatory bail to the petitioner is hereby made
absolute, subject to the conditions as enumerated under Section 482(2) of
BNSS.
6. 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.
7. 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.
8. Needless to say that anything observed herein above shall not
be construed to be an opinion on the merits of the case.
9. Pending application(s), if any, shall also stand disposed of.
(SUMEET GOEL)
JUDGE
02.12.2025
jatin
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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