Sehbag Khan and Another Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2025)

Sehbag Khan and Another Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Interim relief allowed: petitioners to join the investigation on or before 14.11.2025; upon arrest, release on interim bail to the satisfaction of the Arresting Officer subject to conditions under Section 482(2) of BNSS, 2023; interim order deemed vacated on failure to join/cooperate; matter adjourned to 17.12.2025.

Issue for consideration

Whether the petitioners are entitled to interim (anticipatory) bail, i.e., release on interim bail in the event of arrest subject to joining the investigation, in a matter wherein counsel contends no allegation brings them within the definition of abetment under Section 45 BNS constituting an offence under Section 18 BNS.

Ratio / Principle

The petitioners are directed to join the investigation on or before 14.11.2025 and, in the event of their arrest, shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions enshrined under Section 482(2) of BNSS, 2023.

Key takeaways

It is clarified that if the petitioners do not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, the interim order shall be deemed to have been vacated.ratio¶22

Detailed headnote1 paragraphs

High Court of Punjab & Haryana (Aman Chaudhary, J., oral), CRM-M-61863-2025 (O&M), decided 17.12.2025 - interim anticipatory-bail order in favour of petitioners Sehbag Khan and another. Counsel stated petitioner No.1 is brother of co-accused Muskan and petitioner No.2 her mother, married to Deepak Kumar, who committed suicide. Counsel contended no allegation brings the petitioners within the definition of abetment under Section 45 BNS so as to constitute the offence under Section 18 BNS; a co-accused had been granted bail by this Court vide order dated 28.10.2025 (Annexure P6), and co-accused Gurmeet Singh and Pardeep Singh were also enlarged on bail. The Court directed the petitioners to join the investigation on or before 14.11.2025 and ordered that, in the event of arrest, they be released on interim bail to the satisfaction of the Arresting Officer subject to Section 482(2) of BNSS, 2023 conditions, clarifying the interim order stands vacated on failure to join/cooperate; adjourned to 17.12.2025. DAG Ms. Gagandeep Kaur accepted notice for the respondent-State.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

214

CRM-M-61863-2025 (O&M) Date of decision: 17.12.2025

Sehbag Khan and Another

....Petitioners

Versus

State of Punjab

...Respondent

**CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *******

Present : None

AMAN CHAUDHARY, J. (ORAL)

1 .

Learned counsel contends that petitioner No.1 is brother of co-accused Muskan while petitioner No.2 is her mother, who was married to Deepak Kumar (since deceased), who committed the suicide, has since been granted bail by this Court, vide order dated 28.10.2025, Annexure P6. There is no allegation levelled which would have made their case fall within the definition of abetment as defined under Section 45 BNS, so as to constitute the offence under Section 18 BNS. Further that, co-accused, namely, Gurmeet Singh and Pardeep Singh have also been enlarged on bail. The petitioners, who are not involved in any other case, are ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, Ms. Gagandeep Kaur,

MOHIT 2025.12.17 14:32 I attest to the accuracy and integrity of this document

CRM-M-61863-2025 (O&M)

-2-

DAG, Punjab, accepts notice on behalf of respondent-State.

Meanwhile, the petitioners are directed to join the investigation on or before 14.11.2025. In the event of their arrest, they shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 482(2) of BNSS, 2023.

However, it is clarified that if the petitioners do not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 17.12.2025.

(AMAN CHAUDHARY) JUDGE

17.12.2025 M.Kamra

Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

MOHIT 2025.12.17 14:32 I attest to the accuracy and integrity of this document