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High Court of Punjab and HaryanaCRM-M/40451/2025allowed

Sanjogpreet Singh Alias Daivi v. State Of Punjab

2025-11-06Mr. Justice Sanjay Vashisth4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 216(1) Decided on: November 06, 2025 Sanjogpreet Singh @ Daivi ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. J.K. Singla, Advocate, and Ms. Suman Rani, Advocate, for the petitioner.

Mr. Vinay Malhotra, DAG, Punjab.

**** SANJAY VASHISTH, J.

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 of Petitioner FIR No. Date Section(s) Police Station District Sanjogpreet Singh @ Daivi 23.03.2025 21, NDPS Act, 1985 Tapa Barnala On 29.07.2025, 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 Sanjogpreet Singh alias 23.03.2025 21, 29 of NDPS Act, Tapa Barnala

Daivi, aged about years Learned counsel for the petitioner argues that there is recovery of 50 grams of 'Heroin' from the main accused 'Mandeep Singh alias Babbu' and subsequently, on the basis of disclosure statement, one Saurav Kumar was also involved as an accused in the present case, petitioner's name emerged from the disclosure statement of said Saurav Kumar, and apart the disclosure statement of co-accused 'Saurav Kumar', there is no other substantive evidence available with the prosecution.

Besides, petitioner is ready to join investigation and cooperate with the investigating agency, if protected from arrest. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 3.

Notice of motion.

4.

On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report.

Adjourned to 06.11.2025.

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.).

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.

After filing of CRM-32701-2025, by the petitioner, aforementioned order dated 29.07.2025, was modified, vide order dated 26.08.2025, which reads as under:- "1.

Prayer in the present application under Section 528 of BNSS is for adding the offence of Section 341(2) of BNS, in the head note as well as in prayer clause of the main

petition CRM-M-40451-2025. Further prayer has been made for incorporating the said offence in the order dated 29.07.2025 passed by this Court, whereby this Court has granted interim anticipatory bail to the petitioner. Learned counsel for the applicant-petitioner submits that initially, the FIR was registered for the offences punishable under Sections 21 and 29 of NDPS Act. However, on 08.08.2025, Section 341(2) of BNS was also added by the prosecution, which fact was not in the knowledge of the applicant-petitioner. Due to this reason, while filing the main petition, Section 341(2) of BNS could not be mentioned/incorporated in the head note and prayer clause. Thus, prays for carrying out necessary correction in the head note and prayer clause of the main petition as well as in the order dated 29.07.2025 passed by this Court. 3.

Notice of the application.

4.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, who is present in the Court accepts notice and did not raise any objection to the prayer made. Having considered the submissions made by respective counsel and gone through the prayer made in the present application, the same is allowed.

Accordingly, necessary correction be carried out in the head note and prayer clause of the main petition i.e. CRM-M-40451-2025, by incorporating Section 341(2) of BNS in the head note and the prayer clause of the main petition. Resultantly, Section 341(2) of BNS be added/mentioned in the bail order dated 29.07.2025, also wherever offences are discussed.

Let necessary correction be incorporated in the order dated 29.07.2025 by giving note and thereafter, now corrected order be uploaded. This order shall also form part of the said order.

8.

Criminal Misc. application stands disposed of." 3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 29.07.2025 as modified by subsequent order dated 26.08.2025, passed by this Court, petitioner has joined the investigation on 28.10.2025, and has fully cooperated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4.

Learned State counsel on instructions from ASI Karamjit Singh, confirms the said averment made by counsel for the petitioner of

joining the investigation on 28.10.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

Heard learned counsel for the parties.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 29.07.2025, as modified vide order dated 26.08.2025, 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. Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE November 06, 2025 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO