Samson Masih Alias Sam v. State Of Punjab
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 08.09.2025 Samson Masih alias Sam . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Munish Puri, Advocate for the petitioner(s).
Mr. Manjinder S. Bhullar, DAG, Punjab.
**** SANJAY VASHISTH , J. (Oral) 1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner (s) FIR No.
Date Section(s) Police Station District Samson Masih alias Sam 24.04.2025 109, 194(2), 190, 191(3) of City Batala Gurdaspur BNS, 2023 and 25, 27 of the Arms Act, 1959 [S. 249, 111, 61(2) of BNS, 2023] 2.
On 23.06.2025, following order was passed:- "1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No.
Date Section(s) Police Station District Samson Masih alias Sam, aged about 20 years 24.04.2025 109, 194(2), 190, 191(3) of BNS and Sections 25, 27 of Arms Act and 249, 111, 61(2) of BNS added later on City Batala Gurdaspur 2.
Counsel for the petitioner contends that on receiving of secret information, FIR was registered by ASI Palwinder Singh without ascertaining the
- 2 - allegations therein. No one is seriously injured and two of the accused namely Mahesh Kumar and Karan Verma @ Latu have been granted the concession of interim anticipatory bail by the Court of learned ASJ, Gurdaspur. However, anticipatory bail petition filed by the petitioner was dismissed. 3.
By referring paragraph No.6 of the bail order dated 14.05.2025 of co-accused Mahesh Kumar, counsel for the petitioner argues that one pistol has been recovered from the individual namely Mohit, who was nominated later on in the present case. Another fact emerged during investigation is that ASI Palwinder Singh recovered only one empty bullet from the spot. Therefore, involvement of the petitioner in the present case is highly doubtful, and even if he is found to be present on the spot of incident, there is nothing definite about the participation of the petitioner. Thus, prays for grant of anticipatory bail to the petitioner in the present case.
4.
Notice of motion.
5.
On advance notice, Mr. Manjinder Singh Bhullar, DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
6.
Adjourned to 08.09.2025.
7.
In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8.
Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court." 3.
Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 23.06.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.
4.
Learned State counsel on instructions, confirms the said averment made by learned counsel for the petitioner of joining the investigation on 16.07.2025, by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.
5.
Heard learned counsel for the parties.
6.
Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated
- 3 - 23.06.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.
However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
7.
Accordingly, petition stands disposed of.
Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE September 08, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No