Santokh Singh v. State Of Punjab

CRM-M-64500-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (104) CRM-M-64500-2025 Date of Decision:- 17.11.2025 Santokh Singh ......Petitioner

Versus

State of Punjab ......Respondent

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. R.S. Waraich, Advocate for the petitioner.

Mr. Japjot Singh, AAG, Punjab.

ALOK JAIN, J. (Oral) 1.

The present petition has been filed seeking grant of anticipatory bail to the petitioner in case FIR No. 264 dated 26.11.2024 under Sections 85, 115(2) and 3(5) of BNS, 2023 registered at Police Station Samrala, Police District Khanna, District Ludhiana (Annexure P-1) 2.

A perusal of the order dated 11.07.2025 passed by learned Additional Sessions Judge, Ludhiana, demonstrates that the anticipatory bail application filed by the petitioner was disposed off with the direction to the Investigation Officer to strictly adhere to the provisions of Section 35 of the BNSS i.e. formerly Section 41(A) Cr.P.C. as per the guidelines issued by the Hon'ble Supreme Court of India in the case of "Arnesh Kumar Vs. State of Bihar", (2014) 8 SCC 273.

3.

On a specific query put by this Court to the counsel for the petitioner, it is submitted that as of date, no notice under Section 41(A) Cr.P.C. (Section 35 of BNSS) has been issued to the petitioner. PARUL 2025.11.20 16:36 I attest to the accuracy and authenticity of this document

CRM-M-64500-2025 4.

Faced with the above, learned counsel for the petitioner does not press the present petition at this stage with liberty to seek its redressal at an appropriate stage.

5.

Accordingly, the present petition stands dismissed as not pressed at this stage. However, learned State counsel is directed to comply with the above-said order in its true letter and spirit and liberty is granted to the petitioner to approach the Court of competent jurisdiction in accordance with law at an appropriate stage.

6.

It is made clear that the Court has not expressed any opinion on the merits of this case and the liberty granted, if any, is only on the request of the counsel for the petitioner and is not a direction. (ALOK JAIN) JUDGE 17.11.2025 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2025.11.20 16:36 I attest to the accuracy and authenticity of this document