CRM-M-858-2025 (O&M) -1- 211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-858-2025 (O&M) Date of decision: 03.04.2025 Manjit Singh @ Sona @ Tarsem Singh ...Petitioner Versus State of Punjab ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Ajay Pal Singh, Advocate for Mr. Amandeep Singh Manaise, Advocate for the petitioner. Mr. S.S.Chahal, AAG, Punjab for the respondent. ****** MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No.54 dated 15.08.2024 (P-1), under Section 61 of the Punjab Excise Act, 1914; Sections 303(2), 317 & 345 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Kotli Surat Mallian, Police District Batala, District Gurdaspur. (2) Allegations are that 42 bottles (750 ml. each) of illicit liquor were recovered from the Vehicle, being used by the petitioner, which was parked in his house at the time of raid. GAGANDEEP 2025.04.03 20:42 I attest to the accuracy and integrity of this document High Court, Chandigarh CRM-M-858-2025 (O&M) -2- (3) Learned Counsel contends that petitioner was granted interim bail by this Court, vide order dated 13.01.2025 and in pursuance thereof, he has already joined the investigation; hence, his custodial interrogation is not required. (4) The above factual position is not disputed by learned State Counsel, on instructions from the police official concerned. (5) Heard learned Counsel for the parties and perused the paper- book. (6) It transpires that petitioner was granted interim bail by this Court, vide order dated 13.01.2025 and the same reads as under:- “Contends, inter alia, that recovery of alleged contraband has already been effected and petitioner is ready to join investigation. Notice of motion. Mr. Kunwarbir Singh, learned Asstt.A.G., Punjab accepts notice on behalf of the respondent-State and seeks time to have instructions and/or to file written response in the matter. Posted for 18.02.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.” GAGANDEEP 2025.04.03 20:42 I attest to the accuracy and integrity of this document High Court, Chandigarh CRM-M-858-2025 (O&M) -3- (7) It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and his custodial interrogation is not required. (8) In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 13.01.2025 is made absolute subject to the conditions as envisaged under Section 482 (2) of the BNSS. (9) It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. (10) The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. (11) It is also clarified that in case of any recurrence on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 3rd April, 2025 ( MAHABIR SINGH SINDHU ) Gagan JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GAGANDEEP 2025.04.03 20:42 I attest to the accuracy and integrity of this document High Court, Chandigarh