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Punjab-Haryana High Court
Sukhjeevan Singh vs State Of Punjab on 17 March, 2026
CRM-M-72900-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
118
CRM-M-72900-2025
Decided on: 17.03.2026
Sukhjeevan Singh ......Petitioner
Versus
State of Punjab ......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Rakesh Kumar, Advocate for the petitioner.
Mr. Vinay Malhotra, DAG, Punjab.
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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 & age of FIR Date Section(s) Police District
Petitioner (s) No. Station
Sukhjeevan 0111 20.05.2025 22, 29/61/85 of Sultanpur Kapurthala
Singh NDPS Act Lodhi
2. On 23.12.2025, following order was passed:-
"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 & age of FIR Date Section(s) Police District
Petitioner (s) No. Station
Sukhjeevan 0111 20.05.2025 22 and Sultanpur Kapurthala
Singh, aged 29/61/85 Lodhi
about 26 years of NDPS
Act
2. Learned counsel for the petitioner, inter alia, contends that
as per the allegations, accused Mehar Singh alias Prince was
apprehended by the police party while allegedly attempting to
throw away a plastic bag containing 105 intoxicant tablets. After
his arrest, Mehar Singh alias Prince is stated to have made a
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disclosure statement alleging that the said tablets had been
purchased by him from the petitioner, Sukhjeevan Singh, and co-
accused Lakhvir Singh. Consequently, petitioner was also
nominated as an accused in the present case, vide DDR No.10
dated 21.05.2025 by the addition of Section 29 of the NDPS Act.
3. Learned counsel for the petitoner submits that, apart from
the disclosure statement of the co-accused, there is no
independent or corroborative material available with the
prosecution to connect the petitioner with the alleged recovery.
Petitioner has been implicated solely on the basis of disclosure
statement, which by itself is inadmissible and insufficient to
establish his involvement. It is further contended that petitioner
has been roped in the present case, primarily because he was
already involved in other criminal cases, and was, therefore,
known to the police officials. It is, however, fairly conceded by
learned counsel that out of the other criminal cases registered
against the petitioner, he stands convicted in one case under the
NDPS Act and has been sentenced to undergo imprisonment for a
period of ten years.
4. Further submits that the main accused, namely Mehar
Singh alias Prince, has already been granted the concession of
interim bail by the learned Special Court, Kapurthala (Annexure
P-4), on the ground that, till date, it has not been conclusively
ascertained whether the recovered tablets fall within the category
of a prohibited drug under the provisions of the NDPS Act, or
not. FSL report in this regard is still awaited. It is lastly
submitted that petitioner is ready and willing to join the
investigation and to fully cooperate with the investigating agency,
provided he is protected from arrest by this Court. Thus, learned
counsel prays for grant of the concession of anticipatory bail to
the petitioner in the present case.
5. Notice of motion.
6. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab,
puts in appearance on behalf of the respondent - State, and seeks
some time to file status report in the matter.
7. Adjourned to 17.03.2026.
8. Meanwhile, the petitioner is directed to join the
investigation as and when required to do so by the Investigating
Agency. In the event of his arrest, the petitioner shall be released
on ad-interim bail, subject to his furnishing bail bonds to the
satisfaction of the Arresting Officer. The petitioner shall also
abide by all the conditions laid down under Section 482(2) of
BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
9. 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
"
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3. Continuing his submissions, learned counsel for the
petitioner submits that in compliance with the order dated 23.12.2025
passed by this Court, petitioner has joined the investigation and has
extended full cooperation. He, therefore, prays for confirmation of the
interim anticipatory bail order.
4. Learned State counsel has filed status report by way of
affidavit of Dheerendra Verma, IPS, Assistant Superintendent of Police,
Sub Division Sultanpur Lodhi Kapurthala, in Court today. Same is taken
on record. Registry is directed to tag the same at appropriate place with
the paper-book.
Learned State counsel on instruction from ASI Jinder Lal,
submits that in pursuance of the directions issued by this Court, petitioner
has joined the investigation and as of now, his custodial interrogation is
not required.
5. I have heard learned counsel for the parties and perused the
paper-book.
6. Since, petitioner has already joined the investigation and
custodial interrogation is no more required; ad-interim bail order dated
23.12.2025, passed by this Court is hereby made absolute. Accordingly,
present petition is allowed.
It is made clear that 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. However, it is clarified that in case the passport or an
affidavit regarding non-possession of a passport, if he does not possess
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one, is not submitted to the Investigating Agency or the Court concerned
within a period of two weeks from today, the present order shall be
deemed to be inoperative and the Investigating Officer shall be at liberty
to proceed with the arrest of the petitioner.
8. Accordingly, petition stands disposed of.
(SANJAY VASHISTH)
JUDGE
17.03.2026
Rashmi
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
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