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High Court of Punjab and HaryanaCRM-M/20770/2026allowed

Sarabjit Singh Alias Haryy v. State Of Punjab

2026-05-27Ms. Justice Kirti Singh3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 27.05.2026 SARABJIT SINGH ALIAS HARRY ......Petitioner

Versus

STATE OF PUNJAB ......Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Gursharan Singh, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. Vaibhav Vats, Advocate for the complainant.

**** KIRTI SINGH , J. (ORAL) 1.

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')]/438 Cr.P.C., is for grant of anticipatory bail to the petitioner, in case FIR No.304 dated 02.10.2025, under Sections 333, 115(2), 74, 3(5) of BNS (Sections 452, 323, 354, 34 of IPC), registered at Police Station Islamabad, District Amritsar (Annexure P-1).

2.

Vide order dated 12.05.2026 the petitioner was directed to join the investigation. The said order is reproduced hereinafter:- "Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the statement of the complainant, wherein it was alleged that the petitioner along with other co-accused had assaulted her and her father. It is submitted that the petitioner was not present at the place of alleged incident, as he was performing the last rites of his maternal uncle at a Gurdwara Sahib. In this regard reliance is placed on the CCTV footage of the concerned Gurdwara Sahib premises. Moreover, no specific role or injury has been attributed to the petitioner. It is further submitted that while co-accused Gurjit Singh has been granted the concession of anticipatory bail by the

-2learned Sessions Court vide order dated 10.12.2025, one other coaccused has been granted the concession of anticipatory bail by the Apex Court vide order dated 10.04.2026 passed in SLP(Crl.)-6337-2026. He further submits that the petitioner is ready and willing to join investigation and cooperate.

Per contra, learned State counsel as also learned counsel for the complainant submit that specific allegations have been levelled against the petitioner in the FIR, and given his role in the alleged occurrence, he is not entitled to the concession of anticipatory bail. Heard.

The allegations levelled against the petitioner are disputed questions of facts, veracity of which shall be determined in due course. Accordingly, the petitioner shall join investigation before the Investigating Agency/Officer. In the event of his arrest, he shall be released on anticipatory bail. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023:- (1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so. (2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer.

(3) That the petitioner shall not leave India without prior permission of the Court.

Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner. Adjourned to 27.05.2026."

3.

Learned State counsel on instructions from SI Davinder Singh, submits that in compliance of order dated 12.05.2026, the petitioner has joined the investigation on 18.05.2026 and is not required for any further investigation.

4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 12.05.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS.

5.

This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall

-3be 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 with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.

7.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE May 27, 2026 Ritika Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No