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High Court of Punjab and Haryana · body

2025 DAILYLAW 4433 (PNJ)

CHAMKAUR SINGH v. STATE OF PUNJAB

CRM-M/32615/2025 · 2026-02-23

Aman Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

On 02.07.2025, this Court had passed the following order: “All these petitions have been preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking petitioners in FIR No.19 dated 13.02.2025 under 406, 420, 120-B of the Indian Penal Code, 1860, registered at Police Station City Sangrur. Learned counsel for the petitioners, in contends that dispute between the parties is purely civil in nature, which arose due to non and conditions of the contract between them. Further, (supra) was registered after a delay of 02 years, which creates a serious dent on the case set up by the prosecution. It is further submitted that similarly co-accused of the petitioners, namely Jagsir Singh, has already been granted the concession of anticipatory bail by this Court vide order dated CRM-M-11709-2025 (Annexure P , this Court had passed the following order:- All these petitions have been preferred under Bharatiya Nagarik Suraksha Sanhita, 2023 short ‘BNSS’) seeking anticipatory bail to the petitioners in FIR No.19 dated 13.02.2025 under Sections B of the Indian Penal Code, 1860, Station City-1, Sangrur, District Learned counsel for the petitioners, inter alia, dispute between the parties is purely civil in nature, which arose due to non-fulfillment of the terms and conditions of the contract between them. Further, FIR (supra) was registered after a delay of 02 years, which dent on the case set up by the prosecution. It is further submitted that similarly situated accused of the petitioners, namely Jagsir Singh, has granted the concession of anticipatory bail by this Court vide order dated 03.04.2025 passed in 2025 (Annexure P-4). Moreover, the PARVEEN KUMAR 2026.02.23 18:39 I attest to the accuracy and integrity of this order/judgment. maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07 years. Even no notice under Section 35(3) of BNSS [erstwhile Section 41-A of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’)] has been served upon the petitioners. Notice of motion for 07.08.2025. Keeping in view the ratio of law enunciated by the Hon’ble1 of Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioners are directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioners will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioners will cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of Cr.P.C.). If the Arresting Officer does not permit the petitioners to join the investigation, they would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioners in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law. Photocopy of this order be placed on the file of connected case.” 3. Learned counsel submits that in pursuance of the afore- mentioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur. 4. Learned State counsel on instructions from ASI Ram Singh PARVEEN KUMAR 2026.02.23 18:39 I attest to the accuracy and integrity of this order/judgment. affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 5. In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 02.07.2025 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023. 6. However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him. PARVEEN KUMAR 2026.02.23 18:39 I attest to the accuracy and integrity of this order/judgment.