Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 78705 (PNJ)

JASBIR SINGH v. STATE OF HARYANA

CRM-M/37034/2025 · 2025-09-03

Sumeet Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM CRM CRM CRM----M M M M----37034 37034 37034 37034 209 209 209 209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Jasbir Singh State of Haryana CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of concession of anticipatory bail to the petitioner in case FIR No. 20.06.2025, registered for offences punishable under Section of the NDPS Act Dabwali. 2. judgments of the 37034 37034 37034 37034----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: Jasbir Singh versus Haryana HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Gautam Dutt, Advocate and Mr. Sukhsharan Sra, Advocate for Mr. Gurmeet Singh, AAG Haryana. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of concession of anticipatory bail to the petitioner in case FIR No. , registered for offences punishable under Section NDPS Act, 1985, at Police Station On 16.07.2025, the following order was passed: “Counsel for the petitioner, inter alia is sought to be implicated into the FIR in question solely on disclosure statement made by co-accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble Supreme Court in of Haryana’ bearing Special Leave to Appeal (Crl.) No(s).1266/2023 ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan 2020 Supreme Court 5592 and ‘Smt. Chandmiya @ Ladoo Bapu vs. State of Gujrat, Bureau’ 2024 INSC 290. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----37034 37034 37034 37034----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: September 03 September 03 September 03 September 03,,,, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Gautam Dutt, Advocate and , Advocate for the petitioner. Gurmeet Singh, AAG Haryana. Present petition has been filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of concession of anticipatory bail to the petitioner in case FIR No.207 dated , registered for offences punishable under Sections 17(b), 61, 85 , at Police Station City Mandi Dabwali, District , the following order was passed: inter alia, contends that the petitioner sought to be implicated into the FIR in question solely on the basis of a accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, etitioner has relied upon the dicta of the Hon’ble Supreme Court in ‘Vijay Singh versus The State Special Leave to Appeal (Crl.) No(s).1266/2023, vs. Pallulabid Ahmad Arimutta & Anr’ RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control ....Petitioner ....Respondent under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of dated 17(b), 61, 85 City Mandi Dabwali, District , contends that the petitioner the basis of a accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, etitioner has relied upon the dicta of the ‘Vijay Singh versus The State , vs. Pallulabid Ahmad Arimutta & Anr’ Singh vs. State of Tamil Nadu, AIR Najmunisha, Abdul Hamid Narcotics Control MAHAVIR SINGH 2025.09.03 17:02 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----37034 37034 37034 37034----2025 2025 2025 2025 2222 Notice of motion. On the strength of advance notice; Mr. Aashish Bishnoi, DAG, Haryana has entered appearance on behalf of the respondent-State of Haryana. Adjourned to 13.08.2025. The petitioner is directed to appear before the Investigating Officer on 23.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 2.1. Thereafter, on 13.08.2025, the following order was passed: “Learned State counsel (on instructions from SI Radhey Syam) submits that the petitioner has joined investigation in terms of the order dated 16.07.2025 passed by this Court. He further seeks and is permitted time to file reply. Put up on 03.09.2025. Interim order to continue. The petitioner is directed to further join the investigation on 18.08.2025 at 11:00 A.M. before the Investigation Officer, in the concerned Police Station.” 3. Learned State counsel (on instructions) has stated that pursuant to the orders dated 16.07.2025 and 13.08.2025, the petitioner has indeed joined investigation, and his custodial interrogation is not required, but allegations against the petitioner are serious in nature and he ought not to be extended concession of anticipatory bail. 4. Keeping in view the entirety of factual matrix of the case; especially the petitioner having joined investigation and his custodial interrogation on being sought for by the State as also in light of the dicta of judgment passed by this Court in CRM CRM CRM CRM----M M M M----54032 54032 54032 54032----2024 ‘Ashu Vs. State of 2024 ‘Ashu Vs. State of 2024 ‘Ashu Vs. State of 2024 ‘Ashu Vs. State of Punjab’ Punjab’ Punjab’ Punjab’ and the judgment passed by the Hon’ble Supreme Court in ‘Jugraj Jugraj Jugraj Jugraj Singh Vs. State of Haryana Singh Vs. State of Haryana Singh Vs. State of Haryana Singh Vs. State of Haryana bearing Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) No.9190/2025 No.9190/2025 No.9190/2025 No.9190/2025, this Court is inclined to confirm the orders dated 16.07.2025 and 13.08.2025. MAHAVIR SINGH 2025.09.03 17:02 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----37034 37034 37034 37034----2025 2025 2025 2025 3333 5. Accordingly, the petition is allowed, and the orders dated 16.07.2025 and 13.08.2025 granting interim anticipatory bail to the petitioner are hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 6. 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. 7. 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. 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE September 03 September 03 September 03 September 03,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.09.03 17:02 I attest to the accuracy and authenticity of this order/ judgment