Jaspalsingh @ Jassa Singh Vs State of Punjab

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 petitioner in case FIR No.21 date d 22.03.2025, registered for offences punisha b le under Sections 61, 78(2) o f Punjab Excise Act, 1914, at Police S t ation Purana Shalla, Distric t Gurdaspur.

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On 05.08.2025, the following o r der was passed:

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“Apprehending his arrest in FIR No.21 dated 22.03.202 5 registered for offences punishable u nder Sections 61, 78(2) of Punja b Excise Act, 1914 at Police Station P u rana Shalla, District Gurdaspur; th e p etitioner has preferred this petiti o n under Section 482 of Bharatiy a Nagarik Suraksha Sanhita, 2023 see k ing pre-arrest bail.

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Reiterating his submissions m ade on 04.06.2025, learned counse l appearing for the petitioner has sub m itted that no effective recovery is t o be made from the petitioner, the peti t ioner has been falsely implicated int o

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MAHAVIR SINGH 2025.09.03 16:23 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-22113-2025

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2

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the FIR in question & he is willing to join investigation and cooperate therein.

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List on 03.09.2025.

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The petitioner is directed to appear before the Investigating Officer on 08.08.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”

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Learned State counsel (on instructions) has stated that pursuant

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to the order dated 05.08.2025, the petitioner has indeed joined investigation, but his custodial interrogation is not required.

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Having heard learned counsel for the parties and upon perusal of the record, and in view of the stance of the State, the interim order dated 05.08.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023.

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Petition stands allowed, accordingly.

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This order should not be treated as “blanket” order. It will not

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be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

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Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

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