Jagat Singh v. State Of Haryana
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 30.01.2026 Jagat Singh . . . Petitioner(s)
Versus
State of Haryana . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ankit Jain, Advocate for the petitioner(s).
Mr. Kanwar Sanjiv Kumar, AAG, Haryanba assisted by ASI Dharambir Singh, 963/KKR Anti Narcotic Cell, Kurukshetra.
**** SANJAY VASHISTH , J. (Oral) 1.
In the instant anticipatory bail petition, filed by petitioner - Jagat Singh, after hearing learned counsel, on 15.10.2025, 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 Jagat Singh, aged about 46 years 31.05.2025 15-C-61-85 of NDPS Act Shahabad Kurukshetra 2.
Learned counsel for the petitioner, inter alia, contends that petitioner has never been involved in any such incident in the past. Even as per the contents of the FIR, the secret informant specifically identified driver of the truck, namely Paramjeet Singh @ Pamma, who was responsible for delivering goods to the States of Bihar, Jharkhand, and West Bengal after loading them in Punjab. It is further stated that while returning from these States, Paramjeet Singh @ Pamma used to bring poppy husk/straw in large quantities and sell it in Punjab at high rates. 3.
Counsel for the petitioner argues that reading of the FIR does not disclose any offence committed by the petitioner, who is merely the owner of truck, and it cannot be presumed that petitioner had prior knowledge of any such transportation. Petitioner's name is not mentioned
- 2 - or disclosed in the FIR. Subsequently, a disclosure statement was prepared by the investigating agency in which the petitioner's name was included as an accused. It is submitted that such a disclosure statement, especially that of a co-accused, is inadmissible in the eyes of law and cannot be used against the petitioner's interest.
4.
Additionally, counsel for the petitioner submits that regular bail petition filed by the co-accused, i.e. CRM-M-38265-2025 has already been fixed for 08.12.2025. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, counsel prays for grant of concession of anticipatory bail to the petitioner in the present case.
5.
Notice of motion.
6.
On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter. 7.
Adjourned to 08.12.2025.
To be heard along with CRM-M-38265-2025.
8.
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.). 9.
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." 2.
On the next date of hearing, i.e., 08.12.2025, following order was recorded:- "1.
By referring to paragraph No.11 of the status report dated 06.10.2025, learned State counsel submits that petitioner - Pawandeep Singh and co-accused/petitioner - Jagat Singh (owner of the truck in question) were supposed to receive the contraband from one Sahu Munda in the State of Jharkhand. It is further stated that an amount of Rs.2,97,500/- was transferred/deposited by petitioner - Pawandeep Singh, and thereafter, 1032 kg 540 grams of Dodapost (Poppy Husk) was being transported along with some electronic goods. The electronic goods had been loaded in the said truck from the area of Calcutta and, in furtherance thereof, during the course of transportation, the Dodapost (Poppy Husk) was also loaded in the truck, which has since been recovered by the police. 2.
Apart from the bank transactions, there are also CDR details establishing communications between petitioner - Pawandeep Singh and co-accused - Sahu Munda. The alleged call details of all the accused, a part of which stands acknowledged during the course of investigation, are appended as Annexure R-3 along with the status report. 3.
On request of petitioner's counsel, list again on 27.01.2026. Interim order to continue in CRM-M-57983-2025, till then. Photocopy of this order be placed on the file of other connected case."
3.
On 27.01.2026, it was informed that despite granting interim
- 3 - bail, petitioner has not joined the investigation, and also for the reason that arguing counsel was not available, hearing was deferred to 30.01.2026, i.e., for today itself.
4.
Learned State counsel submits that despite granting several opportunities since 15.10.2025, petitioner has not joined investigation and thus, he is not entitled for the discretionary relief and thus, learned State counsel prays for dismissal of the present petition. 5.
Learned counsel for the petitioner also expresses his inability to assist the Court, as he has not received any instructions in that regard. 6.
Heard.
7.
Taking note of all the aspects, especially, the fact that petitioner has not joined investigation, present petition is dismissed. Concerned Investigating Officer is directed to proceed in accordance with law. Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE January 30, 2026 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No