Citation : 2026 Latest Caselaw 2558 P&H
Judgement Date : 16 March, 2026
CRM-M-37636-2025 1
110
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-37636-2025
DECIDED ON: 16.03.2026
ARJINDER SINGH .....PETITIONER
VERSUS
STATE OF PUNJAB .....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.
Present: Mr. Atinderpal Singh, Advocate,
for the petitioner.
Mr. Vinay Malhotra, DAG, Punjab.
SANJAY VASHISTH, J (ORAL)
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 Date Section(s) Police District Petitioner (s) No. Station Arjinder 133 08.07.2024 109, 115, 191(3), 190 Kamboj Amritsar Singh, aged of BNS and section Rural about 22 25 of Arms Act years
2. On 21.07.2025, following order was passed:-
"2. Learned counsel for the petitioner contends that the FIR in the present case was registered on 08.07.2024, without even naming the petitioner. It was only after a lapse of approximately ten months that the petitioner was implicated in the case, vide DDR No. 30 dated 26.05.2025, by recording a supplementary statement of the complainant, namely Hardev Singh, alleging that "Kalu" and the present petitioner, Arjinder Singh, are one and the same person. Except for this verbal assertion, there is no other corroborative evidence on record to establish that the petitioner was, or is, ever known by the name "Kalu."
Counsel submits that the delay in involving the petitioner remains unexplained and is a matter for determination during the course of trial. Moreover, the petitioner is ready and willing to cooperate with the investigation and to join the investigation as and when required. Accordingly, he prays for the grant of anticipatory bail.
Notice of motion.
On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab puts in appearance on behalf of the respondent - State. He seeks some time to file reply.
3. Learned State Counsel is directed to file status report on or before the next date of hearing.
4. Adjourned to 10.09.2025.
5. Till the next date of hearing, arrest of the petitioner shall remain stayed. However, the issue of the petitioner's joining the investigation will be examined after considering the reply of the respondent/State."
3. Continuing the submissions, counsel for the petitioner
contends that petitioner is ready to join the investigation and fully
cooperate, if protected from arrest by this Court. Thus, he prays for grant
of anticipatory bail to the petitioner in the present case.
4. On the other hand, learned State counsel submits that
keeping in view the gravity and seriousness of offence in the present
case, petitioner cannot be granted the concession of anticipatory bail.
Thus, he prays for dismissal of the present petition.
5. This Court has heard the submissions addressed by counsel
for the parties and has also gone through the record available before it,
and finds that appropriate to dispose of the present petition, by directing
the petitioner to join the investigation within two weeks from today, or as
and when called by the investigating agency, and in the eventuality of the
arrest, petitioner would be released on anticipatory bail, subject to his
furnishing bail bonds to the satisfaction of the Arresting Officer. The
petitioner shall also be abide by all the conditions laid down under
Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
6. Besides, it is directed that petitioner would hand over his
passport to the Investigating Agency or to Court concerned, if he
possesses. Otherwise, would submit an affidavit, disclosing the fact that
he does not possess any passport.
It is also directed that before leaving country any time during
trial, petitioner would seek prior permission of the Court.
7. With the directions issued here above, present petition stands
disposed of.
(SANJAY VASHISTH) 16.03.2026 JUDGE Lavisha
Whether speaking/reasoned Yes/No Whether reportable Yes/No
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