CRM-M-40593 IN THE HIGH (209) KULWINDER SINGH @ KARANVEER STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. K.S. Chhiber, Advocate for the petitioner (through video conferencing) Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA, J. (ORAL) 1. Through the instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks anticipatory bail in case FIR No. registered under Sections 109, 118(1), 126(2), 351(2), 191(3) of Bharatiya Nyaya Sanhita, 2023 (for short “B Dharamgarh, District Sangrur. petitioner offence under Section 238 of BNS is ordered to be added in the headnote as well as prayer clause of the petition. 2. Vide order dated petitioner was released on interim bail and was directed to join investigation. 40593-2026 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : 02.09.2026 KULWINDER SINGH @ KARANVEER Versus STATE OF PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. K.S. Chhiber, Advocate for the petitioner (through video conferencing) Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. (ORAL) Through the instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks anticipatory bail in case FIR No. registered under Sections 109, 118(1), 126(2), 351(2), 191(3) Bharatiya Nyaya Sanhita, 2023 (for short “B Dharamgarh, District Sangrur. On oral request of learned counsel for the petitioner offence under Section 238 of BNS is ordered to be added in the headnote as well as prayer clause of the petition. Vide order dated 04.08.2026 passed by this Court, the petitioner was released on interim bail and was directed to join COURT OF PUNJAB AND HARYANA AT CRM-M-40593-2026 (O&M) Date of decision : 02.09.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Mr. K.S. Chhiber, Advocate for the petitioner Through the instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks anticipatory bail in case FIR No.38 dated 31.05.2026 registered under Sections 109, 118(1), 126(2), 351(2), 191(3), 190 and 238 Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station On oral request of learned counsel for the petitioner offence under Section 238 of BNS is ordered to be added in the headnote as well as prayer clause of the petition. passed by this Court, the petitioner was released on interim bail and was directed to join AMIT SHARMA 2026.09.02 16:37 I attest to the accuracy and integrity of this order/judgment. CRM-M-40593 3. Learned State counsel filed status report dated on instructions states that the petitioner 08.08.2026 but has not cooperated with the investigating agency since he has not got effected the recovery of the weapon of offence used by him at the time of occurrence, therefore, his custodial interrogation is required. 4. This Court has heard the rival submissions made by learned counsel for the parties. 5. The petitioner has joined investigation on 08.08.2026. So far as the non recovery is concerned, mere non recovery cannot by itself be a ground for denial of bail as in case titled as ‘ and in case titled as ‘ (Criminal) 503 operated with the investigation, it may be stated that the behavior attributed to the petitioner cannot be considered as an instance of non justifying denial for grant of pre investigation, is not expected to make self incriminating statement under the threat that the State may seek withdrawal of the interim protection granted to him. It is well settled that the purpose of joining investigation is to make oneself available to the investigatin lawful queries 40593-2026 (O&M) (2) Learned State counsel filed status report dated on instructions states that the petitioner has 08.08.2026 but has not cooperated with the investigating agency since he has not got effected the recovery of the weapon of offence used by him at the time of occurrence, therefore, his custodial interrogation is required. This Court has heard the rival submissions made by learned counsel for the parties. The petitioner has joined investigation on 08.08.2026. So far as the non recovery is concerned, mere non recovery cannot by itself be a ground for denial of bail as has also been observed by the Delhi High Court titled as ‘Jagdish Thakkar vs. State of Delhi’, 1992 (3) CCR 2764 and in case titled as ‘Pooran Singh vs. State of Delhi’, 2022(1) RCR (Criminal) 503. With regard to contention that the petitioner has operated with the investigation, it may be stated that the behavior attributed to the petitioner cannot be considered as an instance of non justifying denial for grant of pre-arrest bail since, an accused, while joining is not expected to make self incriminating statement under the threat that the State may seek withdrawal of the interim protection granted to him. It is well settled that the purpose of joining investigation is to make oneself available to the investigating agency and to respond to queries and not to compulsorily divulge Learned State counsel filed status report dated 31.08.2026 and joined the investigation on 08.08.2026 but has not cooperated with the investigating agency since he has not got effected the recovery of the weapon of offence used by him at the time of occurrence, therefore, his custodial interrogation is required. This Court has heard the rival submissions made by learned The petitioner has joined investigation on 08.08.2026. So far as the non recovery is concerned, mere non recovery cannot by itself be a has also been observed by the Delhi High Court Jagdish Thakkar vs. State of Delhi’, 1992 (3) CCR 2764’ Pooran Singh vs. State of Delhi’, 2022(1) RCR . With regard to contention that the petitioner has not co- operated with the investigation, it may be stated that the behavior attributed to the petitioner cannot be considered as an instance of non-cooperation, arrest bail since, an accused, while joining is not expected to make self incriminating statement under the threat that the State may seek withdrawal of the interim protection granted to him. It is well settled that the purpose of joining investigation is g agency and to respond to divulge self-incriminating AMIT SHARMA 2026.09.02 16:37 I attest to the accuracy and integrity of this order/judgment. CRM-M-40593 information. In the instant case, the conduct of the petitioner in appearing before the Investigating Officer and responding satisfies the legal standard of cooperation. Accordingly, the present petition is allowed and the order dated 04.08.2026 granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down in Section 482(2) of BNSS. 6. Since the main petition has been disposed of, pending application, if any, is rendered infructuous. 02.09.2026 Amit Sharma 40593-2026 (O&M) (3) information. In the instant case, the conduct of the petitioner in appearing before the Investigating Officer and responding satisfies the legal standard of cooperation. Accordingly, the present petition is allowed and the order dated 04.08.2026 granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down on 482(2) of BNSS. Since the main petition has been disposed of, pending application, if any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No information. In the instant case, the conduct of the petitioner in appearing before the Investigating Officer and responding to the investigation, satisfies the legal standard of cooperation. Accordingly, the present petition is allowed and the order dated 04.08.2026 granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down Since the main petition has been disposed of, pending (MANISHA BATRA) JUDGE Yes/No AMIT SHARMA 2026.09.02 16:37 I attest to the accuracy and integrity of this order/judgment.