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2026 DAILYLAW 32037 (PNJ)

HEMANT v. STATE OF PUNJAB

CRM-M/6885/2026 · 2026-07-20

H S Grewal

body2026

Judgment text

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CRM-M-6885-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 205(i) AT CHANDIGARH CRM-M-6885-2026 Date of decision: 20.07.2026 HEMANT ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. IPS Kohli, Advocate, Mr. Sidharth Maini, Advocate and Mr. Harmanjeet , Advocates for the petitioner. Mr. Subhash Godara, Addl. Advocate General, Punjab. Ms. Divya Menon, Advocate and Mr. Piyush Khanna, Advocate for the complainant. **** H.S.GREWAL,J. (ORAL) 1. This is a petition for anticipatory bail filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (corresponding Section 438 of Cr.P.C) in case FIR No.30 dated 12.02.2025 under Sections 316(2), 318(4) BNS, 2023 registered at Police Station Tanda, District Hoshiarpur. 2. The Coordinate Bench of this Court, vide order dated 05.02.2026, had directed the petitioner to appear before the SHO/Investigating Officer and join investigation and in the event of his arrest, he was ordered to be released on interim bail to the satisfaction of the SHO/Investigating Officer, subject to the conditions envisaged under Section 482(2) of the BNSS (erstwhile Section RENU RAWAT 438(2) Cr.P.C.). 2026.07.21 09.20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-6885-2026 2 3. Learned counsel for the petitioner submits that in compliance of the order dated 05.02.2026 passed by this Court, the petitioner has joined and cooperated with the investigation. 4. Learned counsel for the complainant has filed the reply in the Court today and the same is taken on record. She has vehemently opposed the prayer made by ld. counsel for the petitioner. 5. Learned State counsel submits that the petitioner has joined the investigation and is not required for further custodial interrogation. 6. In view of the statement made by learned State counsel, the petition is allowed and the interim order dated 05.02.2026 is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 7. However, it is clarified that the investigating authority on addition of an offence or offences may not proceed to arrest the accused/petitioner, but for arresting the accused/petitioner on such addition of offence or offences it needs to obtain an order to arrest the accused/petitioners from the Court which had granted the bail in view of the judgment passed by the Hon’ble Supreme Court in Sumit Vs State of U.P. and Another, Criminal Appeal No. 830 of 2026, decided on 09.02.2026. 8. Pending application(s), if any, shall also stand disposed of. 20.07.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No RENU RAWAT 2026.07.21 09.20 I attest to the accuracy and integrity of this document Chandigarh