The Punjab & Haryana High Court reaffirms that when the accused has fully cooperated and custodial interrogation is not needed, interim pre-arrest bail granted under Section 482 of BNSS, 2023, can be confirmed as absolute; the principle follows settled law and is binding within the State’s jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/32391/2025 of GURBHEJ SINGH Vs STATE OF PUNJAB |
| CNR | PHHC010948672025 |
| Date of Registration | 11-06-2025 |
| Decision Date | 01-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE SANJAY VASHISTH |
| Court | High Court of Punjab & Haryana |
| Precedent Value | Binding within Punjab and Haryana |
| Type of Law | Criminal Procedure—Anticipatory Bail under BNSS, 2023 |
| Questions of Law | Whether interim anticipatory bail under Section 482 of BNSS, 2023, should be made absolute where the accused has joined investigation and custody is not needed. |
| Ratio Decidendi |
When an accused, granted interim anticipatory bail in a case under the Bharatiya Nyaya Sanhita, 2023, demonstrates full cooperation and has joined the investigation, and when the investigating agency confirms that custodial interrogation is not required, the Court, in exercise of powers under Section 482 BNSS, is justified in confirming the interim bail as absolute. This approach ensures the accused’s liberty is protected, while safeguarding investigative needs. The order imposes continued obligations on the accused to assist the investigation whenever required and to comply with statutory conditions. |
| Facts as Summarised by the Court | The petitioner, a caretaker at an allegedly unauthorized Drug De-addiction Centre, was booked under Sections 318(4), 127(2) BNS, 2023. After interim anticipatory bail was granted, he joined the investigation and cooperated fully; the State confirmed no further need for custodial interrogation. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab & Haryana High Court |
| Persuasive For | Other High Courts considering similar fact situations and statutory provisions |
What’s New / What Lawyers Should Note
- Confirms that confirmation of interim pre-arrest bail is appropriate when the accused has joined investigation and no further custodial interrogation is needed.
- Reiterates obligations of the accused to continue joining investigation as and when required and to abide by conditions of interim bail.
- Decision provides clear authority for making interim bail absolute under Section 482 BNSS, 2023, in similar circumstances.
Summary of Legal Reasoning
- The Court referred to compliance by the petitioner with the interim anticipatory bail order—demonstrated by joining and cooperating in the investigation.
- The State (based on official instructions) confirmed not only the petitioner’s cooperation but also that custodial interrogation was “not required.”
- On these premises, the Court exercised its discretion to confirm the ad-interim bail, making it absolute while emphasizing continued cooperation and compliance with statutory conditions under Section 482(2) BNSS, 2023.
- The approach exemplifies balancing the rights of the accused with the requirements of effective investigation.
Arguments by the Parties
Petitioner
- Petitioner had joined the investigation and fully co-operated as directed by the Court.
- Sought confirmation of interim anticipatory bail since conditions had been fulfilled.
Respondent (State)
- Confirmed that petitioner joined investigation on 01.07.2025.
- Stated no custodial interrogation was required as of current investigation status.
Factual Background
The petitioner was working as a caretaker at a Drug De-addiction Centre alleged to be unauthorized. An FIR was registered against him on 11.05.2025 for offences under Sections 318(4) and 127(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Canal Colony, Bathinda. Following a grant of interim anticipatory bail, the petitioner joined the investigation as required, and the State subsequently confirmed that his custodial interrogation was not necessary.
Statutory Analysis
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023: The Court exercised inherent powers to grant interim pre-arrest bail and, upon fulfillment of requisite conditions by the petitioner (joining and cooperating in the investigation), made the interim order absolute in accordance with sub-section (2), which sets out obligations on the accused when anticipatory bail is granted.
Alert Indicators
- ✔ Precedent Followed – Existing law regarding anticipatory bail confirmation upon satisfaction of specified conditions is affirmed.
Citations
No external citations (SCC/AIR/MANU etc.) are provided in the judgment.