CRM-M-37240-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 103 CRM-M-37240-2026 (O&M) Date of decision:14.07.2026 Harpal Singh Dhaliwal ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. A.K. Khunger, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. DAG, Punjab. ... Manisha Batra, J. (Oral). 1. The instant petition is the second petition filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of anticipatory bail in case arising out of FIR No.107 dated 11.07.2024 registered under Sections 308(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) (Section 308(6) of BNS added later on and Section 308(3) deleted later on) at Police Station Sadar Kotkapur, Districtr Faridkot. His previous petition bearing CRM-M-63225-2025 had been dismissed by this Court on 11.12.2025. 2. It is argued by learned counsel for the petitioner that after dismissal of his previous petition, there is a substantial change in the circumstances since co-accused Sarabjeet Kaur against whom even graver HARJEET KAUR 2026.07.15 18:20 I attest to the accuracy and integrity of this document CRM-M-37240-2026 (O&M) -2- allegations had been levelled has since been extended benefit of pre-arrest bail by the Hon’ble Supreme Court. On parity, he too deserves to be extended the same benefit. It is, thus, argued that the petition deserves to be allowed. 3. Notice of motion. 4. Learned State counsel has advance notice of the petition and has submitted that since the previous petition as filed by the petitioner had been dismissed by passing a detailed order, thus, this petition is not maintainable and is liable to be dismissed. 5. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6. Annexure P4 is the copy of order dated 22.05.2026 as passed by Hon’ble Supreme Court in a petition filed by the co-accused Sarabjeet Kaur showing that she has been extended benefit of pre-arrest bail. Since the case of the petitioner is also on the similar footing, therefore, this Court is of the considered opinion that he has made out a case for extending benefit of pre- arrest bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to the condition that the petitioner shall surrender before the Investigating Officer/Arresting Officer within a period of 10 days from today and shall join the investigation. He shall also join investigation as and when required subsequently. In the event of his arrest, HARJEET KAUR 2026.07.15 18:20 I attest to the accuracy and integrity of this document CRM-M-37240-2026 (O&M) -3- the Investigating/Arresting Officer shall release the petitioner on interim bail on furnishing personal/surety bonds to his/her satisfaction. He shall also follow these conditions:- (i) The petitioner shall cooperate with the investigation and shall appear before the Investigating officer/Arresting officer as and when required during the course of investigation. (ii) 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 from disclosing such facts to the Court or to any Police Officer. (iii) The petitioner shall not commit any similar offence while on bail. (iv) The petitioner shall not leave the country without prior permission of the Court. (iv) The petitioner shall deposit his passport if any, with the jurisdictional Magistrate/trial Court. 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 8. Since the main petition has been allowed, pending application, if any, is rendered infructuous. (MANISHA BATRA) 14.07.2026 JUDGE harjeet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HARJEET KAUR 2026.07.15 18:20 I attest to the accuracy and integrity of this document