Yashinder Jain v. State Of Punjab

CRM-M No.17171 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.17171 of 2026 Date of decision : 4.5.2026 Date of uploading : 5.5.2026 Yashinder Jain .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Anil Kumar Garg, Advocate, for the petitioner Mr. Jaypreet Singh, DAG, Punjab Mr. M.K. Dhot, Advocate, for the complainant --- SUMEET GOEL, J. (ORAL) 1.

On 30.3.2026, the following order was passed: 'Apprehending his arrest in FIR No.0042 dated 19.02.2026, registered for offences punishable under Sections 420, 406 of IPC (Sections 318(4), 316(2) of BNS, 2023), at Police Station City 1, Malerkotla, District Malerkotla; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that genesis of the FIR in question, essentially, has civil/ property dispute, & the petitioner is willing to join investigation and cooperate therein.

Notice of motion.

On the strength of advance service of copy of petition, Mr. Hemant Aggarwal, DAG Punjab causes appearance and accepts notice on behalf of the respondent - State of Punjab. He seeks and is permitted time to file reply.

At this juncture, Mr. M.K. Dhot, Advocate causes appearance on behalf of the complainant. He is also at liberty to file reply.

CRM-M No.17171 of 2026 -2Put up on 04.05.2026. The petitioner is directed to appear before the Investigating Officer on 04.04.2026 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 short reply by way of affidavit of Manavjit Singh (PPS), Deputy Superintendent of Police, Sub-Division, Malerkotla, District Malerkotla, in Court today. The same be kept on record. Raising submissions in tandem with the said reply, learned State counsel submits that pursuant to the order dated 30.3.2026, the petitioner has joined investigation but his custodial interrogation is required for recovering the money in question.

2.1 Learned counsel for the complainant has vehemently opposed the anticipatory bail of the petitioner by arguing that there are direct and serious allegations against the petitioner and in case he has extended the concession of anticipatory bail, there is all the likelihood that he may flee from the hands of justice and may influence the prosecution witnesses/evidence.

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 recovery of the money in question; this Court is inclined to confirm the order dated 30.3.2026.

CRM-M No.17171 of 2026 -34. In view of the above, the instant petition is allowed. The interim order dated 30.3.2026, passed by this Court is hereby confirmed, subject to 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.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 8.

Pending miscellaneous application(s), if any, stand disposed of accordingly.

(SUMEET GOEL) JUDGE 4.5.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No