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2026 DAILYLAW 34722 (PNJ)

JASWINDER SINGH AND ANOTHER v. STATE OF PUNJAB

CRM-M/29330/2026 · 2026-07-29

Sanjay Vashisth

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-29330-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. 219 CRM-M-29330-2026 (O&M). Date of Decision: 29.07.2026. Jaswinder Singh and another ....Petitioners. VERSUS State of Punjab ....Respondent. **** CORAM : HON'BLE MR. JUSTICE SANJAY VASHISTH --- Present: None. **** SANJAY VASHISTH, J. (Oral) On a call given by the Executive Committee of the Punjab and Haryana High Court Bar Association, the Members of the Bar have suspended the work from 28.07.2026 (Post Lunch) till 30.07.2026 in protest against the implementation of the Legal Aid Defence Counsel (LADC), Policy. 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 Jaswinder Singh Gurmail Singh @ Gurmeet Singh 86 16.09.2024 109, 324 (2), 3(5) of BNS and Sections 27-30 of Arms Act (Sections 324(2) of BNS and Section 30 of Arms Act added later on and Section 25 of Arms Act deleted lateron) Ghagga Patiala JITENDER 2026.07.30 12:33 I attest to the accuracy of this document CRM-M-29330-2026 (O&M) 2 2. On 27.05.2026, following order was recorded:- “1. xxx 2. Learned counsel for the petitioners contends that the petitioners are innocent and have been falsely implicated in the present case. He further contends that the allegations levelled against the petitioners are false and they have no concern with the said incident. Learned counsel contends that initially, the petitioners were not named in the FIR and they have been summoned in pursuance of the application filed by the prosecution under Section 319 Cr.P.C. He further contends that during inquiry, four witnesses, including two witnesses from the State gave consistent statements that the petitioners were preventing the fight which is further corroborated by the analysis of the CDRs. Learned counsel contends that if the prosecution story is taken to be true, even then also, no injury has been attributed to the petitioners. He further contends that the only allegation levelled against the petitioners is that they have damaged the car. No recovery is to be effected from the petitioners. Learned counsel has further submitted that the petitioners are ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel has opposed the prayer for grant of bail by submitting that the allegations levelled against the petitioners are serious in nature. Mr. Prashant Bansal, Advocate has put in appearance on behalf of the injured Jabbar Singh. He has not opposed the prayer for grant of anticipatory bail to the petitioner. Adjourned to 03.07.2026. In the meantime, the petitioners are directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, they shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 3. Thereafter, on 03.07.2026, following was recorded:- “Vakalatnama’ on behalf of the complainant has been filed in the Court today and the same is taken on record, subject to all just exceptions. It is noticed that petitioners have been summoned under Section 319 Cr.P.C. However, while granting interim relief vide order dated 27.05.2026, they were inadvertently directed to join the investigation with the Investigating Officer and in the event of arrest, to be released on interim bail. Let the petitioners now appear before the trial Court itself on the date already fixed i.e., 24.07.2026 and on their appearance before the trial Court, they be released on interim bail on furnishing of bail/surety bonds to the satisfaction of the trial Court. Petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. List on 29.07.2026. A copy of this order be produced before the trial Court.” JITENDER 2026.07.30 12:33 I attest to the accuracy of this document CRM-M-29330-2026 (O&M) 3 4. ASI Paramjit Singh has put in appearance and confirms that petitioners have joined investigation, and submits that as of now, custodial interrogation of the petitioners is not required for the purpose of investigation. 5. Further, from the order dated 24.07.2026 downloaded from the website of the Courts, it appears that petitioners have already appeared before the trial Court and furnished bail/surety bonds in compliance of the order of this Court. 6. Since, petitioners have already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 27.05.2026, 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. Besides, it is directed that petitioners would hand over their passports 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. 8. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE 29.07.2026 jitender Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No JITENDER 2026.07.30 12:33 I attest to the accuracy of this document