Citation : 2026 Latest Caselaw 2161 P&H
Judgement Date : 9 March, 2026
CRM-M-60305-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
102
CRM-M-60305-2025 (O&M)
Decided on: 09.03.2026
VIJAY KUMAR
......Petitioner
Versus
STATE OF PUNJAB
......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Yaseen Sethi, Advocate,
for the petitioner.
Mr. Neeraj Madaan, Sr. DAG, Punjab.
****
SANJAY VASHISTH, J.
1. Prayer in this petition, filed under Section 482 of the BNSS,
2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the
petitioner, who has been booked in a criminal case arising out of First
Information Report, as detailed hereunder:-
Name of FIR No. Date Section(s) Police District Petitioner (s) Station Vijay 151 17.09.2025 420 and 120- Haibowal Ludhiana Kumar, aged B of IPC about 72 years
2. On 29.10.2025, following order was passed:-
"Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in case FIR No.151, dated 17.09.2025, under Sections 420, 120-B IPC, registered at Police Station Haibowal, District Ludhiana.
Learned counsel for the petitioner has inter alia contended that the petitioner was just a witness to the agreement to sell and he had not received any sale consideration. There is a delay of 3 years in lodging of the present FIR. Nothing is to be recovered from the
petitioner and petitioner is ready and willing to join the investigation.
Notice of motion.
`Mr. Navdeep Singh, DAG, Punjab, appears and accepts notice on behalf of the respondent-State and seeks time to file the status report.
List on 05.02.2026.
Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be released on interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/ Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 482(2) BNSS."
3. Continuing his submissions, learned counsel for the
petitioner contends that in compliance of the order dated 29.10.2025,
passed by this Court, petitioner has joined the investigation, and has fully
co-operated. Therefore, he prays for confirmation of the said interim
anticipatory bail order.
4. Learned State counsel on instructions from ASI Parkash,
confirms the said averment made by counsel for the petitioner of joining
the investigation on 26.12.2025 by the petitioner, and submits that as of
now, custodial interrogation of the petitioner is not required for the
purpose of investigation.
5. Heard learned counsel for the parties.
6. Since, petitioner has already joined the investigation and
custodial interrogation is no more required; ad-interim bail order dated
29.10.2025, passed by this Court is hereby made absolute. Accordingly,
present petition is allowed.
However, petitioner shall continue to join the investigation
as and when required to do so and abide by all the terms and conditions
laid down under Section 482(2) of BNSS, 2023.
7. Accordingly, petition stands disposed of.
However, present order would be subject to the submission
of passport of the petitioner to the Investigating Agency or to Court
concerned, if he possesses, within a period of one week from today.
Otherwise, he would submit an affidavit, disclosing the fact that he does
not possess any passport.
It is clarified that in case, aforesaid condition is not complied
with, this order would be considered as non est automatically.
(SANJAY VASHISTH) JUDGE 09.03.2026 Lavisha
Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO
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