Baljinder Singh Alias Kala Warraich v. State Of Punjab

CRM-M-65654-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-65654-2025 (O&M) Date of decision:22.12.2025 Baljinder Singh @ Kala Warraich ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. Nirmaljeet Singh Sidhu, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab.

...

Manisha Batra, J. (Oral).

1.

The present petition has been filed by the petitioner for grant of anticipatory bail in case arising out of FIR No.53, dated 27.04.2025, registered under Sections 331(4), 305 of the BNS, at Police Station Dayalpura (Bhagta Bhai Ka), District Bathinda. 2.

Vide order dated 20.11.2025, passed by this Court, the petitioner was granted interim bail and directed to join investigation. 3.

Status report has been filed. Learned State counsel on instructions from the Investigating Officer has submitted that the petitioner has joined investigation on 24.11.2025, though, it is submitted by learned State counsel that no recovery has been effected from the petitioner and for the purpose of effecting recovery, custodial interrogation of the petitioner is required.

HARJEET KAUR 2025.12.22 18:14 I attest to the accuracy and integrity of this document

CRM-M-65654-2025 (O&M) -2This Court has heard the rival submissions made by learned counsel for the parties.

5.

Though, it is submitted by learned State counsel that for effecting recovery, custodial interrogation of the petitioner is must. However, in the considered opinion of this Court, mere non recovery cannot by itself be a ground for denial of bail as has also been observed by the Delhi High Court in case titled as 'Jagdish Thakkar vs. State of Delhi', 1992 (3) CCR 2764' and in case titled as 'Pooran Singh vs. State of Delhi', 2022(1) RCR (Criminal) 503.

6.

In view of the fact that the petitioner has already joined the investigation and given the nature of allegations, this Court is of the opinion that pre-trial incarceration of the petitioner is not required. As such, without commenting on merits of case, this petition is allowed and the order dated 20.11.2025 granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down in Section 482(2) of BNSS. 7.

Since the main petition has been disposed of, pending application, if any, is rendered infructuous. (MANISHA BATRA) 22.12.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No HARJEET KAUR 2025.12.22 18:14 I attest to the accuracy and integrity of this document