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2026 DAILYLAW 34175 (PNJ)

BALWINDER JAYANI AND ANOTHER v. STATE OF PUNJAB

CRM-M/27258/2026 · 2026-07-28

Sumeet Goel

body2026

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (212) CRM-M-27258-2026 Decided on: 28.07.2026 Uploaded on: 28.07.2026 Balwinder Jayani and another ……Petitioner(s) Versus State of Punjab ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. R.S. Dhillon, Advocate for the petitioner (s). Mr. Jaypreet Singh, DAG, Punjab. ***** Sumeet Goel (Oral): 1. Present petition under Section 482 of BNSS 2023 has been filed for grant of anticipatory bail to the petitioners in case FIR No.60 dated 19.04.2026 under Section 109 of BNS and Sections 25 & 27 of Arms Act, registered at Police Station Bahavwala, District Fazilka. 2. On 13.05.2026, the following order was passed: "Present petition has been filed for grant of anticipatory bail to the petitioners in case FIR No.60 dated 19.04.2026 under Section 109 of BNS and Sections 25 & 27 of Arms Act, registered at Police Station Bahavwala, District Fazilka. It has been submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in this case. He submits that daughter of the petitioners, namely, Rashi Jayani, is the co-sharer in the property and there is dispute between the parents i.e. the petitioners and their daughter. It is submitted that a civil suit is already pending and learned trial Court has also granted interim injunctions in favour of petitioner NAVEEN NAGPAL 2026.07.28 16:27 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-27258-2026 P a g e | 2 No.2 vide order 07.05.2025. He contends that the allegations against the petitioners are false and frivolous. He submits that the petitioners have no criminal antecedents and thus, no prima facie case is made out against the petitioner and they deserve to be granted the concession of anticipatory bail. Notice of motion. On asking of the Court, Mr. Ekom Pal Sagoo, A.A.G., Punjab accepts notice on behalf of respondent-State. Adjourned to 28.07.2026. In the meantime, in the event of arrest, the petitioners shall be released on interim bail subject to the satisfaction of the Arresting /Investigating Officer. The petitioners shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023: (i) That the petitioners shall make themselves available for interrogation by a police officer as and when required. (ii) That the petitioners 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 them from disclosing such facts to the court or to any police officer. (iii) That the petitioners shall not leave India without prior permission of the court.” 3. Learned State counsel (on instructions) has submitted that the petitioners have joined investigation and they are not required for custodial interrogation. 4. Keeping in view the factual milieu of the case in hand, especially the factum of the petitioners having joined investigation and they are not required for custodial interrogation, the petition is allowed and the order dated 13.05.2026 granting interim anticipatory bail to the petitioners is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. NAVEEN NAGPAL 2026.07.28 16:27 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-27258-2026 P a g e | 3 5. This order should not be treated as “blanket” order. It will not be read granting petitioners 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. 6. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioners violate any condition stipulated under Section 482(2) of BNSS 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 off. (SUMEET GOEL) 28.07.2026 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2026.07.28 16:27 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh