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2026 Supreme(Online)(P&H) 77566

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Rupinderjit Chahal, J
HARBHAJAN LAL ALIAS HARBHAJAN AND ANOTHER – Appellant
Versus
STATE OF PUNJAB – Respondent
CRM-M-24260-2026



Advocates:
For the Appellants/Petitioners: Neeraj Yadav
For the Respondents: Amrit Kaur Mahir

Anticipatory bail may be made absolute when the accused has complied with interim directions to join the investigation and the investigating agency confirms that further custodial interrogation is not required.

Headnote:The petitioners sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to an FIR registered under various sections of the Bharatiya Nyaya Sanhita, 2023, including Sections 115(2), 126(2), 190, and 191. The petitioners contended they were falsely implicated and that the injuries sustained by the complainant were simple in nature. The court had previously granted interim bail on the condition that the petitioners join the investigation. The primary issue was whether the interim protection should be made absolute given the progress of the investigation. The court observed that the petitioners had complied with the interim order by joining the investigation and the state counsel submitted that the petitioners were no longer required for further investigation. In view of the statement made by the state counsel, the interim order dated 30.04.2026 passed by this Court, is made absolute.

Table of Content
1. application for anticipatory bail and compliance with interim court directions to join investigation. (Para 1 , 2 , 3)
2. assessment of the necessity of further custodial interrogation by the investigating agency. (Para 4)
3. making interim bail absolute upon successful cooperation with the investigation. (Para 5)

*****

RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioners seeks anticipatory bail in case FIR No.0032 dated 14.02.2026, registered under Sections 115(2), 126(2), 190, 191 of BNS, 2023 ( Section 109 of BNS, 2023 added lateron but removed on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Amritsar.

2. On 30.04.2026, the following order was passed by this Court: -

“Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioners in case FIR No.0032 dated 14.02.2026, registered under Sections 115(2), 126(2), 190, 191 of BNS, 2023 ( Section 109 of BNS, 2023 added lateron but removed on 10.03.2026, Section 190 of BNS, 2023 removed and Sections 118(1), 191(3) of BNS, 2023 added lateron), at Police Station Chheharta, Police Commissionerate, Amritsar.

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 the injuries caused on the person of complainant were declared simple in nature and as such, Section 109 of BNS, 2023 was deleted lateron. He further contends that the investigation itself reflects inconsistency and lack of certainty as some Sections were initially added and subsequently deleted. 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.

Notice of motion.

On asking of the Court, Mr. Amritpal Singh Gill, DAG, Punjab accepts notice on behalf of the respondent-State and seeks time to file status report in the matter.

Adjourned to 07.05.2026.

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 petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.”

3. Learned counsel for the petitioners submits that in compliance of the order dated 30.04.2026 passed by this Court, the petitioners have joined the investigation.

4. Learned counsel for the State, on instructions from ASI Jagdeep Singh, has submitted that the petitioners have joined the investigation and are no longer required for further investigation.

5. In view of the statement made by learned State counsel, the interim order dated 30.04.2026 passed by this Court, is made absolute. The petitioners 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.

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