Gurwinder Singh Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2026)

Gurwinder Singh Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 482 BNSS granted; interim order dated 25.05.2026 made absolute, subject to the petitioner continuing to join investigation and complying with Section 482(2) BNSS conditions; arrest on addition of offence(s) only with an order from the bail-granting Court per Sumit v. State of U.P. Pending applications disposed of.

Issue for consideration

Whether the petitioner is entitled to concession of anticipatory bail under Section 482 BNSS in FIR No.74 dated 21.03.2026, P.S. Gidderbaha. +1 more

Court's answer

In view of the statement of learned State counsel that the petitioner had joined the investigation and was not required for further custodial interrogation, the petition is allowed and the interim order dated 25.05.2026 is made absolute (anticipatory bail granted).

Ratio / Principle

The grant is conditioned on the petitioner continuing to join investigation as and when called by the Investigating Officer and abiding by the conditions under Section 482(2) of the BNSS.

Key takeaways

Clarified that on addition of offence(s) the investigating authority may not arrest the accused/petitioner; any arrest upon such addition requires an order from the Court which granted the bail, in view of Sumit v. State of U.P., Criminal Appeal No. 830 of 2026 (SC).ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail – S.482 BNSS – Petition allowed and interim order dated 25.05.2026 made absolute where petitioner had joined investigation and State conceded further custodial interrogation unnecessary – Offence arises from FIR No.74 dated 21.03.2026, P.S. Gidderbaha, under Ss.118(1)/3(5) BNS, with Ss.117(2)/118(2) BNS added vide DDR No.64 dated 16.04.2026 – Bail subject to continued cooperation with investigation and S.482(2) BNSS conditions – Following Sumit v. State of U.P., Crl.A. No.830 of 2026 (SC), Court clarified that on addition of offence(s) the investigating authority cannot arrest the accused without obtaining an order from the Court which granted bail.

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CRM-M-29994-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA 212 AT CHANDIGARH

CRM-M-29994-2026 Date of decision: 20.07.2026

GURWINDER SINGH

...PETITIONER

VERSUS

STATE OF PUNJAB

...RESPONDENT

CORAM: HON’BLE MR. JUSTICE H.S.GREWAL

Present: Mr. Tanvir Joshi, Advocate and Ms. Sangeet Devi, Advocate for the petitioner. (Through video conferencing)

Mr. Subhash Godara, Addl. Advocate General, Punjab

Mr. Impinder Singh Dhaliwal, Advocate for the complainant.

H.S.GREWAL,J. (ORAL)

This petition has been filed under Section 482 of the B.N.S.S., 2023, seeking concession of anticipatory bail in FIR No.74 dated 21.03.2026 under Sections 118(1) and 3(5) of BNS and subsequently Sections 117(2) and 118(2) of BNS was added vide DDR No. 64 dated 16.04.2026 registered at P.S. Gidderbaha, District Sri Muktsar Sahib, Punjab.

This Court, vide order dated 25.05.2026, had directed the petitioner to appear before the SHO/Investigating Officer and join investigation and in the event of his arrest, he was ordered to be released on interim bail to the satisfaction of the SHO/Investigating Officer, subject to the conditions envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Cr.P.C.).

Learned counsel for the petitioner submits that in compliance of the

RENU RAWAT 2026.07.21 18.32 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-29994-2026

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order dated 25.05.2026 passed by this Court, the petitioner has joined and cooperated with the investigation.

Learned State counsel submits that the petitioner has joined the investigation and is not required for further custodial interrogation.

In view of the statement made by learned State counsel, the petition is allowed and the interim order dated 25.05.2026 is made absolute . The petitioner 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.

However, it is clarified that the investigating authority on addition of an offence or offences may not proceed to arrest the accused/petitioner, but for arresting the accused/petitioner on such addition of offence or offences it needs to obtain an order to arrest the accused/petitioners from the Court which had granted the bail in view of the judgment passed by the Hon’ble Supreme Court in Sumit Vs State of U.P. and Another , Criminal Appeal No. 830 of 2026, decided on 09.02.2026.

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

20.07.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

RENU RAWAT 2026.07.21 18.32 I attest to the accuracy and integrity of this document Chandigarh