105 ASHWANI SHARMA STATE OF HARYANA CORAM: Present: HARSIMRAN SINGH SETHI, J. (Oral) 1. 2023 (corresponding under Section 438 Cr.P.C.) for the grant of anticipatory bail to the petitioner in FIR No.243 dated 07.12.2025 registered under Sections 25, 54 and 59 of the Arms Act, 1959 at Police Station Sadar Tohana, District Fatehabad, Harya 2. has only been nominated on the basis of the disclosure statement of the co accused Manjit Singh. He further submits that the petitioner is ready to join the investigation and therefore anticipatory bail. 3. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision : ASHWANI SHARMA VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Mr. Rakesh Chahar, Advocate for the petitioner. (joined through V.C.). Mr. Abhishek Yadav, DAG Haryana. *** HARSIMRAN SINGH SETHI, J. (Oral) Present petition has been filed under Section 482 of the 2023 (corresponding under Section 438 Cr.P.C.) for the grant of anticipatory bail to the petitioner in FIR No.243 dated 07.12.2025 registered under Sections 25, 54 and 59 of the Arms Act, 1959 at Police Station Sadar Tohana, District Fatehabad, Haryana. Learned counsel for the petitioner submits that the petitioner has only been nominated on the basis of the disclosure statement of the co accused Manjit Singh. He further submits that the petitioner is ready to join the investigation and therefore, should be granted the concession of anticipatory bail. Notice of motion. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34833-2026 Date of Decision : 30.06.2026 ........Petitioner VERSUS ........Respondent JUSTICE HARSIMRAN SINGH SETHI Mr. Rakesh Chahar, Advocate for the petitioner. Abhishek Yadav, DAG Haryana. HARSIMRAN SINGH SETHI, J. (Oral) Present petition has been filed under Section 482 of the BNSS, 2023 (corresponding under Section 438 Cr.P.C.) for the grant of anticipatory bail to the petitioner in FIR No.243 dated 07.12.2025 registered under Sections 25, 54 and 59 of the Arms Act, 1959 at Police Station Sadar Learned counsel for the petitioner submits that the petitioner has only been nominated on the basis of the disclosure statement of the co accused Manjit Singh. He further submits that the petitioner is ready to join , should be granted the concession of ........Respondent JUSTICE HARSIMRAN SINGH SETHI BNSS, 2023 (corresponding under Section 438 Cr.P.C.) for the grant of anticipatory bail to the petitioner in FIR No.243 dated 07.12.2025 registered under Sections 25, 54 and 59 of the Arms Act, 1959 at Police Station Sadar Learned counsel for the petitioner submits that the petitioner has only been nominated on the basis of the disclosure statement of the co- accused Manjit Singh. He further submits that the petitioner is ready to join , should be granted the concession of SAPNA GOYAL 2026.06.30 15:51 I attest to the accuracy and integrity of this document CRM-M-34833-2026 -2- 4. Mr. Abhishek Yadav, DAG, Haryana, accepts notice on behalf of the respondent-State and submits that the co-accused Manjit Singh was apprehended with one illegal country-made pistol of .32 bore. Upon investigation, Manjit Singh i.e. co-accused disclosed that the said pistol had been purchased by him from the petitioner. Hence, in order to ascertain how the petitioner came into possession of the said illegal weapon as alleged, his custodial interrogation is necessary. 5. I have heard learned counsel for the parties and have gone through the records of the present case with their able assistance. 6. Since the case pertains to the possession of an illegal weapon and the co-accused Manjit Singh has disclosed that the said illegal weapon recovered from him was purchased from the petitioner, the investigation of the petitioner is required to ascertain how the petitioner has procured such an illegal weapon, which could pose a serious threat to the society at large. 7. Keeping in view the judgment passed by the Hon’ble Supreme Court of India in Adri Dharan Das vs. State of West Bengal, AIR 2005 SC 1057, it is a settled principle of law that custodial interrogation is one of the most effective means to elicit the truth behind the allegations. The relevant paragraph of the said judgment is as under:- “Ordinarily, arrest is a part of the process of investigation intended to secure several purposes. The accused may have to be questioned in detail regarding various facets of motive, preparation, commission and aftermath of the crime and the connection of other persons, if any, in the crime. There may be circumstances in which the accused may provide information leading to discovery of material facts. It may be necessary to curtail his freedom in order to enable the investigation to proceed without hindrance and to protect witnesses and persons connected with the victim of the crime, to prevent his dis- appearance to maintain law and order in the locality. For these or other reasons, arrest may become inevitable part of the SAPNA GOYAL 2026.06.30 15:51 I attest to the accuracy and integrity of this document CRM-M-34833-2026 -3- process of investigation. The legality of the proposed arrest cannot be gone into in an application under Section 438 of the Code. The role of the investigator is well-defined and the jurisdictional scope of interference by the Court in the process of investigation is limited. The Court ordinarily will not interfere with the investigation of a crime or with the arrest of accused in a cognizable offence. An interim order restraining arrest, if passed while dealing with an application under Section 438 of the Code will amount to interference in the investigation, which cannot, at any rate, be done under Section 438 of the Code.” 8. Keeping in view the totality of the circumstances and in order to ascertain the source of the illegal weapon, this Court is of the considered view that the custodial interrogation of the petitioner is necessary to achieve the purpose of the investigation. 9. Accordingly, the present petition for the grant of anticipatory bail stands dismissed. 30-06-2026 Sapna Goyal (HARSIMRAN SINGH SETHI) JUDGE NOTE: Whether speaking/ reasoned: YES Whether reportable: NO SAPNA GOYAL 2026.06.30 15:51 I attest to the accuracy and integrity of this document