Gurwinder Singh Alias Tona v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64453-2025 (O&M) Date of decision: 20.01.2026 GURWINDER SINGH ALIAS TONA ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. Vikas Gupta, Advocate, for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

**** AMAN CHAUDHARY, J. (Oral) 1.

The present petition has been filed under Section 482 BNSS, 2023, for grant of anticipatory bail to the petitioner in case FIR No.428, dated 01.09.2025, under Sections 61, 1, 14 of Excise Act, registered at Police Station Goindwal Sahib, District Tarn Taran.

2.

On 17.11.2025, this Court had passed the following order:- "Learned counsel inter alia contends that with regard to the alleged recovery of Lahan is stated to have been made from the house of petitioner, there is non-compliance of Section 103(4) BNSS, there was no independent witness and no videography has also been made, despite there being no search warrant was obtained by the Investigating Officer which also makes the alleged recovery itself doubtful. He has been falsely implicated in the case due to political vendetta and there is no material to connect him with the alleged recovery. Similarly circumstanced co-accused Jaswinder Singh @ Jassa has been granted interim anticipatory bail by this Court vide order dated 30.09.2025. The petitioner is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, Ms. Gagandeep Kaur, DAG Punjab accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 27.11.2025. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 482 (2) BNSS. However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 20.01.2026."

ASHOK KUMAR 2026.01.21 10:45 I attest to the accuracy and integrity of this document

CRM-M-64453-2025 (O&M) -23.

Learned counsel submits that in pursuance of the afore-mentioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

4.

Learned State counsel on instructions from ASI Partap Singh affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 5.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 17.11.2025 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023.

6.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) 20.01.2026 JUDGE ashok Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2026.01.21 10:45 I attest to the accuracy and integrity of this document