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2026 Supreme(Online)(P&H) 9480

In the High Court of Punjab and Haryana, at Chandigarh


Criminal Misc. No. M-15171 of 2026


Date of Decision: 08.04.2026


Jagtar Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s)


CORAM: Hon'ble Mr. Justice Surya Partap Singh.


Present: Mr. Punit, Advocate for the petitioner(s).

Mr. Eklavya Darshi, Deputy Advocate General, Punjab, for the respondent.

Surya Partap Singh, J.

1. This petition for anticipatory bail, is the first petition filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of DDR No. 39 dated 18.12.2024, for the commission of offence punishable under Section(s) 118(1), 115(2), 3(5), 117(2) and 238 of ‘the Bharatiya Nyaya Sanhita, 2023’, in FIR No. 132 dated 16.12.2024, for the commission of offence punishable under Section(s) 333, 118(1), 115(2), 190 and 191 of BNS, Police Station Joga, District Mansa, Punjab.

2. Vide order dated 19.03.2026, the petitioner was admitted to interim anticipatory bail, subject to the condition of furnishing bonds to the satisfaction of arresting officer. It was also directed that the petitioner shall join the investigation.

3. Heard.

4. It has been submitted by learned counsel for the petitioner that in compliance with order dated 19.03.2026, the petitioner has already joined the investigation, and that nothing has been left to be recovered from the possession of petitioner. In view of above, the learned counsel for the petitioner has requested that the order dated 19.03.2026 be made absolute.

5. The learned State counsel has controverted the above- mentioned arguments. According to the learned State counsel, although the petitioner has joined the investigation, but he did not cooperate, and failed to facilitate recovery of weapon of offence. As per learned State counsel, in view of above custodial interrogation of the petitioner is necessary.

6. The record has been perused carefully.

7. With regard to fact-situation of this case and the above- mentioned arguments, following are the relevant factors which are supposed to be taken into consideration:-

i) that the petitioner has already joined the investigation;

ii) that the petitioner cannot be forced to assist the prosecuting agency, in collection of such material which may incriminate the petitioner and defeat his right of defence; and

iii) that nothing significant has to be recovered in this case with the assistance of petitioner.

8. Keeping in view the aforesaid submissions and the fact that the petitioner has already join the investigation, the order dated 19.03.2026, whereby the petitioner was accorded the benefit of interim anticipatory bail, is hereby made absolute. The present petition stands allowed, accordingly.

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