CRM-M-25888-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 212 CRM-M-25888-2025 Date of decision: 30.07.2025 GURWINDER SINGH ALIAS SANDHU ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Abhinav Gupa, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. SANJAY VASHISTH. J.(Oral) 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 Petitioner (s) FIR No. Date Section(s) Police Station District Gurwinder Singh @ Sandhu, aged about 21 years 49 18.03.2025 21(b) and 29 of NDPS Act Sadar Bathinda Bathinda 2. On 14.05.2025, 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 Petitioner (s) FIR No. Date Section(s) Police Station District AMANDEEP GOSAIN 2025.07.31 17:44 I attest to the accuracy and integrity of this order/judgment CRM-M-25888-2025 - 2- Gurwinder Singh @ Sandhu, aged about 21 years 49 18.03.2025 21(b) and 29 of NDPS Act Sadar Bathinda Bathinda 2. Learned counsel for the petitioner, inter alia, contends that name of the petitioner has been involved in the case on the basis of the disclosure statement of co-accused, Surjit Kaur @ Sito, from whom recovery of 6 grams of heroin has been effected. Further submits that neither any recovery has been effected from the petitioner, nor his name is mentioned in the FIR. Thus, petitioner has been falsely implicated by the police, in the present case. Counsel for the petitioner further submits that main accused namely Surjit Kaur @ Sito has already been granted concession of regular bail, vide order dated 15.04.2025, passed by Special Court, Bathinda. 3. It is further submitted that petitioner undertakes to fully cooperate with the investigating agency in the event he is granted protection from arrest. He assures that he will join the investigation as and when required by the authorities. 4. Moreover, it is submitted that apart from his alleged disclosure statement, there is no other material evidence connecting him to the commission of the offence. Thus, learned counsel for the petitioner prays for the grant 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 30.07.2025. 8. In the 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 AMANDEEP GOSAIN 2025.07.31 17:44 I attest to the accuracy and integrity of this order/judgment CRM-M-25888-2025 - 3- ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be 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.” 3. Learned counsel for the petitioner contends that in compliance of the order dated 14.05.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 4. Learned State counsel on instructions from the official respondent, confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation. 5. Heard learned counsel for the parties. 6. Since the petitioner has joined the investigation, custodial interrogation is no more required, present petition is allowed and ad-interim order dated 14.05.2025, passed by this Court is hereby made absolute. However, 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. Accordingly, petition stands disposed of. (SANJAY VASHISTH) 30.07.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.07.31 17:44 I attest to the accuracy and integrity of this order/judgment