Harjot Singh Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2025)

Harjot Singh Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: interim order dated 21.03.2025 made absolute subject to conditions under Section 482(2) of BNSS, 2023; pending applications, if any, disposed of.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS, 2023 should be granted to the petitioner in case FIR No.0031 dated 11.02.2025 (Sections 25, 54, 59, Arms Act, 1959, PS Kharar). +1 more

Court's answer

The interim order dated 21.03.2025 passed by this Court is made absolute, i.e., anticipatory bail is granted, subject to the conditions enumerated under Section 482(2) of BNSS, 2023.

Ratio / Principle

The grant rests on the factum of the petitioner having joined investigation and his custodial interrogation being sought only for effecting recovery of the alleged fire arm/cartridges.

Key takeaways

The order is not a 'blanket' order; it does not grant indefinite protection from arrest and is confined to the FIR mentioned ibid, not operating in respect of any other incident involving commission of an offence.ratio¶5
Liberty is reserved to the State/complainant to move for cancellation/recall of the order if the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing other sufficient cause.ratio¶6
Anything observed in the order shall not be construed to be an opinion on the merits of the case.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Sumeet Goel, J., oral) — CRM-M-15846-2025 (O&M), decided 23.07.2025 — Anticipatory bail granted under Section 482 BNSS, 2023 to Harjot Singh in FIR No.0031 dated 11.02.2025 (Sections 25, 54, 59, Arms Act, 1959), PS Kharar, District S.A.S. Nagar, Punjab. Petitioner, not named in the FIR and nominated on the basis of disclosure by co-accused Amrinder Singh (from whom a .315 bore country-made pistol, a .32 bore pistol and four live cartridges had been recovered), joined investigation pursuant to the Court's interim order dated 21.03.2025; the State sought custody only for effecting recovery of the pistol/cartridges. On that factum, the interim order was made absolute subject to the conditions under Section 482(2) BNSS, 2023. The order is expressly not 'blanket': no indefinite protection from arrest, confined to this FIR only. Liberty reserved to the State/complainant to seek cancellation/recall upon violation of the Section 482(2) conditions or other sufficient cause. Observations are not an opinion on merits; pending applications disposed of.

CRM-M-15846-2025 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-15846-2025 (O&M) Date of decision: July 23, 2025

Harjot Sing h

....Petitione r

versus

State of Punjab

....Responden t

CORAM: HON’BLE MR. JUSTICE SUMEET GOEL

Present : Mr. Shivraj Daumajre, Advocat e for Mr. G.P.S. Ghuman, Advocate f or the petitioner.

Mr. Jasjit Singh, DAG Punjab.

SUMEET GOEL, J. (ORAL)

Present petition has been fil e d under Section 482 of th e Bhartiya Na g arik Suraksha Sanhita, 2023 ( for short ‘BNSS’) for grant o f concession o f anticipatory bail to the petiti o ner in case FIR No.0031 date d 11.02.2025, u nder Sections 25, 54, 59 of th e Arms Act, 1959, registered a t

Police Statio n Kharar, District S.A.S. Nagar, Punjab.

On 21.03.2025, the following o r der was passed:-

“Contends, inter alia, that petitioner was not named in the FIR ; rather nominated on the basis of dis c losure made by co-accused Amrinde r Singh from whom recovery of alle g ed weapons i.e. .315 bore country - made pistol, .32 bore pistol and fo u r live cartridges have already bee n recovered by the police.

Notice of motion.

Ms. Manjot Kaur, learned A ssistant Advocate General, Punjab, accepts notice on behalf of respon d ent; seeks time to have instruction s and/or to file written response in the m atter. Posted for 01.05.2025.

In the meanwhile, petitione r shall join investigation before th e Investigating Officer; but he be not a r rested till the next date of hearing.”

Learned State counsel (on i n structions from ASI Gurdee p

Singh) has s t ated that pursuant to the order dated 21.03.2025, the petitione r

MAHAVIR SINGH 2025.07.23 17:27 I attest to the accuracy and authenticity of this order/ judgment

CRM-M-15846-2025 (O&M)

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has indeed j o ined investigation, but his cust o dial interrogation is required fo r recovery of p istol/ cartridges.

Having heard learned counsel f or the parties and upon perusa l of the recor d , especially in view of the factu m of the petitioner having joine d investigatio n and his custodial interrogation being sought only for effectin g recovery of the alleged fire arm/ cartri d ges, the interim order date d 21.03.2025 p assed by this Court is made absolute, subject to the condition s as enumerat e d under Section 482(2) of BNS S , 2023.

This order should not be treate d as “blanket” order. It will no t be read gra n ting petitioner indefinite prot e ction from arrest. It shall b e confined to t he FIR mentioned ibid and will not operate in respect of an y other incide n t that involves commission of a n offence.

Liberty is reserved in favour o f State/complainant to move fo r cancellation/recall of this order in case the p etitioner violates any conditio n stipulated u n der Section 482(2) of BNSS, 2023 or upon showing any othe r sufficient ca u se.

Needless to say that anything o bserved herein above shall no t

be construed to be an opinion on the merits o f the case.

Pending application(s), if any, s h all also stand disposed of.

(SUMEET GOEL)

JUDGE

July 23, 2025 mahavir Whether speaking/reasoned: Yes/No Whether repor t able: Yes/No

MAHAVIR SINGH 2025.07.23 17:27 I attest to the accuracy and authenticity of this order/ judgment