Pawan Kumar Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2026)

Pawan Kumar Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted — interim order dated 09.02.2026 made absolute; petitioner to continue joining investigation as and when called and to abide by Section 482(2) BNSS conditions; arrest on addition of offence(s) permitted only with an order from the Court which granted the bail.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS (corresponding to Section 438 Cr.P.C.) should be granted to the petitioner in FIR No. 127 dated 28.08.2024 under Sections 420, 467, 468 and 471 IPC. +1 more

Court's answer

Petition allowed; the interim order dated 09.02.2026 is made absolute. The petitioner shall continue to join investigation as and when called by the Investigating Officer and shall abide by the conditions provided under Section 482(2) of the BNSS.

Ratio / Principle

Clarified that on addition of an offence or offences the investigating authority may not proceed to arrest the accused/petitioner; any arrest on such addition requires an order from the Court which had granted the bail, in view of the Supreme Court judgment in Sumit v. State of U.P. and Another.

Key takeaways

Pending application(s), if any, shall also stand disposed of.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — Section 482 BNSS (corresponding to Section 438 Cr.P.C.) — FIR No. 127 dated 28.08.2024, Sections 420/467/468/471 IPC, P.S. City Kanina, District Mahendergarh — pursuant to Coordinate Bench order dated 09.02.2026 petitioner had joined investigation and learned State counsel stated he was not required for further custodial interrogation — interim order dated 09.02.2026 made absolute; petitioner to continue joining investigation and abide by Section 482(2) BNSS conditions — investigating authority may not arrest on mere addition of offence(s); arrest on addition of offence(s) requires an order from the Court which granted the bail, in view of Sumit v. State of U.P. and Another, Criminal Appeal No. 830 of 2026 (Supreme Court of India).

CRM-M-7072-2026

1

IN THE HIGH COURT OF PUNJAB AND HARYANA 210 AT CHANDIGARH

CRM-M-7072-2026 Date of decision: 06.07.2026

PAWAN KUMAR

...PETITIONER

VERSUS

STATE OF HARYANA

...RESPONDENT

CORAM: HON’BLE MR. JUSTICE H.S.GREWAL

Present: Mr. Neeraj Yadav, Advocate for the petitioner.

Mr. Vijay Kumar, AAG, Haryana.

H.S.GREWAL,J. (ORAL)

The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 Cr.P.C.) seeking grant of anticipatory bail to the petitioner in case FIR No. 127 dated 28.08.2024 under Sections 420,467,468 and 471 of IPC registered at Police Station City Kanina, District Mahendergarh.

The Coordinate Bench of this Court, vide order dated 09.02.2026, 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 order dated 09.02.2026, passed by the Coordinate Bench of this Court, the petitioner has joined and cooperated with the investigation.

RENU RAWAT 2026.07.06 17.58 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-7072-2026 2

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 09.02.2026 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.

06.07.2026			(H.S.GREWAL)
renu			JUDGE
	Whether speaking/reasoned:	Yes/No
	Whether reportable:	Yes/No

RENU RAWAT 2026.07.06 17.58 I attest to the accuracy and integrity of this document Chandigarh