CRM-M-67431-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 104 CRM-M-67431-2025 Decided on: 07.07.2026 MANJIT SINGH AND ANOTHER …...Petitioner Versus STATE OF PUNJAB …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Sidharth Sehgal, Advocate, for the petitioners. Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH, J. 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 petitioners, who have been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station District Manjit Singh and Tarandeep Kaur 186 31.08.2025 329(4), 62, 305, 190, 351(2), 351(3) of BNS Nehianwala Bathinda 2. On 01.12.2025, following order was passed:- “2. Learned counsel for the petitioners inter alia contends that the dispute relates to the possession of land. At one point, the petitioner was the successful participant in the bid proceedings in the year 2022; however, mutation was subsequently entered by the Bank in favor of the complainant, Manish Kumar. The civil suit filed by Petitioner No. 2 (Taranjit Kaur), in which a status quo order had been passed, has been challenged, but it was dismissed primarily on the ground of non-maintainability. The allegations LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-67431-2025 2 regarding theft and criminal trespass are made without any substantive evidence. Moreover, custodial interrogation of the petitioners, who are already engaged in civil litigation, is unlikely to serve any meaningful purpose. The petitioners are willing to cooperate and join the investigation, provided they are protected from arrest. 3. Notice of motion. 4. Mr. Neeraj Madaan, Sr. DAG, Punjab and Dr. Rau P.s. Girwar, Advocate appear on behalf of respondent/State and complainant. Learned State counsel seeks some time to file status report. 5. List on 17.02.2026. 6. Meanwhile, petitioners are directed to join the investigation as and when required to do so by the Investigating Agency. In the event of their arrest, petitioners shall be released on interim bail, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. Petitioners shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 7. Besides, it is directed that petitioners would hand over their passport to the Investigating Agency or to Court concerned, if they possess. Otherwise, would submit an affidavit, disclosing the fact that they do not possess any passport. It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court.” 3. Continuing his submissions, learned counsel for the petitioners contends that in compliance of the order dated 01.12.2025, passed by this Court, petitioners have joined the investigation, and fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 4. Learned State counsel on instructions, confirms the said averment made by counsel for the petitioners of joining the investigation by the petitioners. However, he submits that although, petitioners have joined investigation, but they have not cooperated with the investigating agency, as recovery in the present case is yet to be effected. 5. Heard learned counsel for the parties. LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-67431-2025 3 6. Undoubtedly, petitioners have already joined the investigation in terms of the direction passed by this Court. However, submissions raised by the State, that recovery is yet to be effected, the same would be subject matter during the course of trial, wherein it is heavily upon the prosecution to prove the allegations against the petitioners beyond doubt. Moreover, proceedings in the present petition cannot be kept pending only for the purpose of effecting recovery. Thus, ad-interim bail order dated 01.12.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. However, petitioners 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. However, present order would be subject to the submission of passport of the petitioners to the Investigating Agency or to Court concerned, if they possess, within a period of one week from today. Otherwise, they would submit an affidavit, disclosing the fact that they do not possess any passport. It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 07.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh