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2025 Supreme(Online)(P&H) 22933

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGIR SINGH ALIAS SHAMBHU – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

219 Decided on: 11.12.2025 Jagir Singh alias Shambhu …...Petitioner Versus State of Punjab …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Gagandeep Singh, Advocate for Mr. J.S. Bhinder, Advocate for the petitioner.

Mr. Jasdeep Singh Gill, Addl. A.G. Punjab ****

SANJAY VASHISTH, J. (ORAL)

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 petitioner, who has been booked in a criminal case arising out of FIR No. 2 dated 06.01.2025, under Section 61 of Punjab Excise Act, 1914 at PS Sadar Ferozepur, District Ferozepur.

2. On 25.09.2025, following order was passed:

“(i) (i) 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 petitioner, who has 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
Jagir Singh @ Shambhu 2 06.01.2025 61 of Punjab Excise Act, 1914 Sadar Ferozepur Ferozepur
(ii) Learned counsel for the petitioner argues that petitioner Jagir Singh, aged 55 years, has never been involved in any other criminal activity except the present case registered under the Excise Act, and the allegations are completely false. Moreover, the recovery of illicit liquor has already been effected, along with the motorcycle and two rubber tubes. Counsel submits that whether the petitioner is actually involved or not is yet to be determined by the learned trial Court after examining the complete set of evidence. Counsel further submits that since the recovery has already been made, custodial interrogation would serve no meaningful purpose for the prosecution. Furthermore, the petitioner is willing to cooperate and join the investigation, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner.

(iii) Notice of motion .

(iv) On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter.

(v) Adjourned to 11.12.2025.

(vi) Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). (vii) Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. ”

3. Learned counsel for the petitioner contends that in compliance to the order dated 25.09.2025 passed by this Court, the petitioner has joined the investigation on 10.11.2025.

4. Learned State counsel on instructions, confirms the said averment made by counsel for the petitioner of joining the investigation on 10.11.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

5. Heard learned counsel for the parties.

6. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 25.09.2025 passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

7. The petitioner 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.

8. However, present order would be s

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