Shamsher Ali v. State Of Haryana
CRM-M No.11382 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.11382 of 2026 Date of decision : 30.3.2026 Date of uploading : 1.4.2026 Shamsher Ali .............Petitioner
Versus
State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Arpandeep Narula, Advocate, for the petitioner Ms. Priyanka Sadar, Senior DAG, Haryana --- SUMEET GOEL, J. (ORAL) 1.
On 26.2.2026, the following order was passed: 'Apprehending his arrest in FIR No.0024 dated 02.02.2026 registered for offences punishable under Section 21-B of NDPS Act at Police Station Ding, District Sirsa; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking prearrest bail. Counsel for the petitioner, inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made by co-accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein.
In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon'ble Supreme Court in 'Vijay Singh versus The State of Haryana' bearing Special Leave to Appeal (Crl.) No(s).1266/2023, 'State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr' 2022(1) RCR (Criminal) 762, 'Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592, 'Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs.
CRM-M No.11382 of 2026 -2Singh Vs. State of Punjab' bearing Special Leave to Appeal (Crl.)No.9190/2025.
Notice of motion.
On the strength of advance notice; Mr. Gurmeet Singh, AAG, Haryana, Haryana has entered appearance on behalf of the respondent-State of Haryana.
Adjourned to 30.03.2026.
State is at liberty to file reply, if so required. The petitioner is directed to appear before the Investigating Officer on 06.03.2026 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' 2.
Learned State counsel has filed status report by way of affidavit of Rajesh Kumar, Deputy Superintendent of Police, Sadar Sirsa, District Sirsa in Court today. The same be kept on record. Copy thereof has been furnished to learned counsel for the petitioner. Raising submissions in tandem with the said status report, learned State counsel (on instructions) submits that pursuant to the order dated 26.2.2026, the petitioner has joined investigation and is no longer required for custodial interrogation. 3.
In view of the above, this Court is inclined to confirm the order dated 26.2.2026. Accordingly, the instant petition is allowed. The interim order dated 26.2.2026, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 4.
This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be
CRM-M No.11382 of 2026 -3confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.
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 or upon showing any other sufficient cause.
6.
Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 30.3.2026 Ashwanii Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No