Allowed¶6

Sukhwinder Singh v. State of Punjab

Punjab & Haryana HC25 Feb 2026CRM-M/42425/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Punjab and Haryana High Court; CRM-M-42425-2025 (O&M); Section 482 BNSS; Section 438(2) CrPC 1973; Section 482(2) BNSS 2023; FIR No. 5 Police Station NRI Jalandhar; IPC 379/427/447/511/120-B; non-cooperation; disclosure of co-accused's name; self-incrimination; custodial interrogation not warranted; interim order made absolute; Mandeep Pannu J.; Sukhwinder Singh v. State of Punjab.

What did the court decide?

Anticipatory bail granted - interim order dated 06.08.2025 made absolute, conditional on the petitioner joining investigation as and when called and abiding by the terms and conditions under Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023; pending miscellaneous application(s), if any, disposed of. ¶6

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 482 BNSS should be granted to the petitioner in respect of FIR No. 5 dated 07.02.2025 (Sections 379/427/447/511/120-B IPC, Police Station NRI, Jalandhar). +1 more

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Court's answer

With no recovery stated to be pending from the petitioner, who has made himself available for investigation as and when required, the object of custodial interrogation does not appear to be warranted.

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Ratio / Principle

A petitioner who has complied with the directions of this Court and joined the investigation cannot be said to be non-cooperating merely because he has not made any inculpatory statement.

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Key takeaways

The petitioner cannot be compelled to make a statement which may be self-incriminatory or to disclose facts in a manner adverse to his own defence.ratio¶4
Non-disclosure of certain facts does not, by itself, amount to non-cooperation, particularly where the Investigating Agency does not allege that the petitioner evaded appearance or disobeyed any specific direction.ratio¶4
The interim order dated 06.08.2025 is made absolute: the petitioner shall join investigation as and when called and abide by all terms and conditions specified under Section 438(2) CrPC 1973, corresponding Section 482(2) BNSS 2023.

Detailed headnote1 paragraphs

Anticipatory bail under S. 482 BNSS granted (single judge, oral) in FIR No. 5 dt. 07.02.2025, Ss. 379/427/447/511/120-B IPC, PS NRI, Jalandhar Commissionerate. Held: (i) a petitioner who has complied with the Court's directions and joined investigation cannot be branded non-cooperating merely for want of an inculpatory statement; (ii) he cannot be compelled to make a self-incriminatory statement or disclose facts adverse to his defence; (iii) non-disclosure of the co-accused's name is not, by itself, non-cooperation where no evasion of appearance or disobedience of directions is alleged; (iv) with no recovery pending and the petitioner available for investigation, custodial interrogation is unwarranted. Interim order dt. 06.08.2025 made absolute, subject to joining investigation as called and to S. 438(2) CrPC 1973 / S. 482(2) BNSS 2023 conditions.

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CRM-M-42425-2026 (O&M) -1-

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102

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-42425-2025 (O&M) Date of Decision : 25.02.2026

Sukhwinder Sin g h

....Petitioner

VERSUS

State of Punjab

....Respondents

CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU

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Present: Mr. Pratham Sethi, Advocate for th e petitioner.

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Mr. Sahil Chowdhary, AAG Punjab .

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Mr. Sachin Sharma, Advocate for the complainant.

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-.-

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MANDEEP PANNU J. (Oral)

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Th e present petition has been filed under Section 482 of BNSS, by the petitioner for g rant of anticipatory bail in c a se FIR No. 5, dated 07.02.2 0 25, registered und e r Sections 379/427/447/511/1 2 0-B IPC, at Police Station N RI, District Police C ommissionerate Jalandhar.

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It i s not in dispute that vide order d ated 06.08.2020, the petitioner w as directed to join t he investigation and interim pr o tection was granted to him. 3. Le a rned State counsel, on instruct i ons ASI Jaswinder Singh, sub m its that the petitio n er has indeed joined the inves t igation. The only grievance of the prosecution is t hat the petitioner is not discl o sing the name of the alleged coaccused.

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O n ce the petitioner has complied w ith the directions of this Court a nd has joined the i n vestigation, it cannot be said t h at he is not cooperating merel y on the ground that he has not made any inculpato r y statement. The petitioner ca n not TRIPTI SAINI 2026.02.26 10:09 I attest to the accuracy and integrity of this document

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CRM-M-42425-2026 (O&M) -2-

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be compelled t o make a statement which may b e self-incriminatory or to disc l ose facts in a manner adverse to his own defence. Non-disclosure of certain facts, by itself, does not amount to non-cooperation, p articularly when the Investiga t ing Agency does n o t allege that he has evaded ap p earance or disobeyed any spe c ific direction.

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No recovery is stated to be pend i ng from the petitioner and he has made himself available for investigation a s and when required. In t h ese circumstances, the object of custodial inte r rogation does not appear to be warranted.

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In view of the above, the order d ated 06.08.2025 is made absol u te. The petitioner s h all, however, join investigatio n as and when called. The petiti o ner shall also abide by all the terms and condition s as specified under Section 43 8 (2) of the Code of C riminal Procedure, 1973 (corr e sponding Section 482(2) of B N SS, 2023).

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Al l pending miscellaneous applica t ion(s), if any, stands disposed o f .

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February 25, 20 2 6 (MANDEEP PANNU) tripti JUDGE Whethe r speaking/non-speaking : Spea k ing Whethe r reportable : Yes/ N o

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TRIPTI SAINI 2026.02.26 10:09 I attest to the accuracy and integrity of this document

Sukhwinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Sukhwinder Singh v. State of Punjab

Case brief

What is this about?

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What the court decided

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