CRM-M-33638-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 210 CRM-M-33638-2025 Date of decision: 08.09.2025 HANSA SINGH ....PETITIONER V/s STATE OF PUNJAB ....RESPONDENT CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Tanveer Singh, Advocate and Mr. Gagandeep Singh, Advocate for the petitioner. Mr. Jaypreet Singh, DAG, Punjab. ***** SUMEET GOEL , J. 1. Present petition has been filed under 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in case bearing FIR No.56 dated 18.05.2025, registered for the offences punishable under Section 61 of the Punjab Excise Act, 1914 and Sections 123 & 62 of BNS, 2023, at Police Station Sadar Jalalabad, District Fazilka. 2. On 01.07.2025, the following order was passed:- “The petitioner is seeking the concession of anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in case FIR No.56 dated 18.05.2025, under Section 61 of the Punjab Excise Act, 1914 and Sections 123 & 62 of BNS, 2023, registered at Police Station Jalalabad, District Fazilka. Learned counsel for the petitioner submits that the case of the prosecution is that 150 litres of lahan and 7½ bottles of illicit liquor have been recovered from the premises of the petitioner. Learned counsel, however, submits that the petitioner was not apprehended at the spot and he is not involved in any other case. Moreover, neither any independent witness was joined by the investigating agency nor any video recording was made during the recovery. He further submits that the petitioner is ready to join the investigation. Notice of motion. JATIN 2025.09.08 16:51 I attest to the accuracy and integrity of this document CRM-M-33638-2025 2 On the asking of the Court, Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of the State and prays for time to file reply. May do so before the next date of hearing with an advance copy to learned counsel for the petitioner. List on 08.09.2025. In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation as and when required and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]:- i) that the petitioner shall make himself available for interrogation by a police officer as and when required; ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; iii) that the petitioner shall not leave India without prior permission of the Court; iv) such other condition as may be imposed under sub-section (3) of Section 480, as if the bail were granted under that section. Status report dated 06.09.2025 in the form of an affidavit of Jatinder Singh Gill, PPS, Deputy Superintendent of Police, Sub-Division Jalalabad, District Fazilka has been filed on behalf of respondent-State. The same be taken on record. 3. Learned State counsel, on instructions, has stated that pursuant to the order dated 01.07.2025, the petitioner has joined investigation and is no longer required for custodial interrogation. 4. In view of above, the present petition is allowed and interim order dated 01.07.2025, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 5. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. JATIN 2025.09.08 16:51 I attest to the accuracy and integrity of this document CRM-M-33638-2025 3 6. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023. or upon showing any other sufficient cause. 7. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 8. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE 08.09.2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.09.08 16:51 I attest to the accuracy and integrity of this document