High Court of Punjab and HaryanaCRM-M/13836/2026allowed

Buta Singh v. State Of Punjab

2026-04-20Mr. Justice Sumeet Goel3 pages

CRM-M No.13836 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212/2 ***** CRM-M No.13836 of 2026 Date of decision : 20.4.2026 Date of uploading : 21.4.2026 Buta Singh .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. JPS Brar, Advocate, for the petitioner (through VC) Mr. Hemant Aggarwal, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

On 13.3.2026, the following order was passed: 'Apprehending his arrest in FIR No.22 dated 17.02.2026, registered for offences punishable under Sections 306, 34 of IPC (Sections 108 and 3(5) of BNS), at Police Station GRP Bathinda, District Bathinda; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that the petitioner has been falsely implicated into the FIR in question; assuming arguendo, the prosecution version is taken to be correct, the prosecution version, available at this juncture, is taken to be correct, no culpability can be ascribed to the petitioner for offence under Section 108 of the BNS (erstwhile Section 306 of the IPC), no effective recovery is to be made from the petitioner.

In order to buttress his argument(s), learned counsel relies upondicta of the Hon'ble Supreme Court in the case of Mohit Singhal and another versus The State of Uttarakhand and others, 2024(1) RCR (Criminal) 72 and Abhinav Mohan Delkar versus The State of Maharashtra & Ors., 2025 INSC 990. The petitioner is willing to join investigation and cooperate therein. Notice of motion.

CRM-M No.13836 of 2026 -2On the strength of advance service of copy of petition, Mr. Hemant Aggarwal, DAG Punjab appears and accepts notice on behalf of the respondent -State of Punjab.

At this stage, Mr. Jagraj Singh Khiva, Advocate causes appearance on behalf of the complainant.

The respondents are at liberty to file reply, if so advised. Put up on 20.04.2026.

The petitioner is directed to appear before the Investigating Officer on 18.03.2026 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 Jaskaran Singh, PPS, Deputy Superintendent of Police, GRP, Zonal Ferozepur in Court today. The same be kept on record. Raising submissions in tandem with the said status report, learned State counsel submits that pursuant to the order dated 19.3.2026, the petitioner has joined investigation but his custodial interrogation is required for unearthing the entire crime, especially the money trail involved. 3.

Having heard learned counsel for the parties and upon perusal of the record, especially keeping in view the factum that the petitioner has joined investigation and his custodial interrogation is sought only for unearthing the entire crime especially the money trail involved; this Court is inclined to confirm the order dated 13.3.2026. 4.

In view of the above, the instant petition is allowed. The interim order dated 13.3.2026, passed by this Court is hereby confirmed, subject

CRM-M No.13836 of 2026 -3to the conditions as enumerated under Section 482(2) of BNSS. 5.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

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.

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 20.4.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No