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Punjab-Haryana High Court
Balwinder Singh @ Binda vs State Of Punjab on 29 April, 2026
CRM-M No.16304 of 2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
208
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CRM-M No.16304 of 2026
Date of decision : 29.4.2026
Date of uploading : 30.4.2026
Balwinder Singh @ Binda .............Petitioner
Versus
State of Punjab .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Shivender Singh, Advocate, for the petitioner
Mr. Baljinder Singh Sra, Addl. AG, Punjab
---
SUMEET GOEL, J. (ORAL)
1. On 25.3.2026, the following order was passed:
'Apprehending his arrest in FIR No.32 dated 10.02.2026 registered for
offences punishable under Sections 21(c) and 29 of NDPS Act at Police
Station Ajnala, District Amritsar; the petitioner has preferred this petition
under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
pre-arrest bail.
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) RCR
(Criminal) 762, 'Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme
Court 5592, 'Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu
vs. State of Gujrat, Narcotics Control Bureau' 2024 INSC 29 and 'Jugraj
Singh Vs. State of Punjab' bearing Special Leave to Appeal
(Crl.)No.9190/2025.
Notice of motion.
On the strength of advance notice; Mr. Hemant Aggarwal, DAG, Punjab
(Through V.C.) has entered appearance on behalf of the respondent-State
of Punjab.
Adjourned to 29.04.2026.
State is at liberty to file reply, if so required.
The petitioner is directed to appear before the Investigating Officer on
01.04.2026 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. Learned State counsel (on instructions) submits that pursuant to
the order dated 25.3.2026, the petitioner has joined investigation and is no
longer required for custodial interrogation.
3. 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 25.3.2026, in light of the dicta of the judgment passed 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.
4. In view of the above, the instant petition is allowed. The interim
order dated 25.3.2026, passed by this Court is made absolute, subject to
the conditions as enumerated under Section 482(2) of BNSS.
5. 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.
6. 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.
7. Needless to say that anything observed herein above shall not
be construed to be an opinion on the merits of the case.
(SUMEET GOEL)
JUDGE
29.4.2026
Ashwanii
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
