Punjab & Haryana High Court reaffirms that once an accused joins investigation and cooperates as directed, interim anticipatory bail can be made absolute if statutory conditions are met under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. This judgment maintains existing procedural doctrine and serves as binding authority for subordinate courts handling anticipatory bail under the new Code.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/36960/2025 of NARINDER SHARMA Vs STATE OF PUNJAB |
| CNR | PHHC011068642025 |
| Date of Registration | 14-07-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE RAJESH BHARDWAJ |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on all subordinate courts within jurisdiction; persuasive for other High Courts |
| Type of Law | Criminal Procedure (Anticipatory Bail under Bhartiya Nagrik Suraksha Sanhita, 2023) |
| Questions of Law | Whether interim anticipatory bail should be made absolute when the petitioner has joined investigation and cooperated. |
| Ratio Decidendi |
The Court held that once a petitioner, having been granted interim protection, joins investigation and is no longer required for further investigation, the interim order of anticipatory bail may be made absolute, subject to fulfillment of the statutory conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The Court considered full cooperation with the investigation and affirmation from the State as critical factors. Section 482(2) of the BNSS, 2023, governs the conditions attached to the grant of bail. The approach maintains procedural consistency and safeguards both investigative needs and individual liberty. |
| Facts as Summarised by the Court |
The petitioner was granted interim protection in a case under Sections 108, 351(2), 3(5) of BNS, 2023. He joined and fully cooperated with the investigation, and the State affirmed he was no longer required. The petitioner sought to make the interim order absolute. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of Punjab & Haryana High Court |
| Persuasive For | Other High Courts; provides guidance on anticipatory bail procedure under BNSS, 2023 |
What’s New / What Lawyers Should Note
- Affirms that full cooperation with investigation is a prerequisite for the transition from interim to absolute anticipatory bail.
- Introduces the application of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, as the statutory benchmark for bail conditions.
- Clarifies that once the investigating agency no longer requires the petitioner, the anticipatory bail can be made absolute.
- Provides a procedural blueprint for advocates handling anticipatory bail under the new Code.
Summary of Legal Reasoning
- The Court considered the petitioner’s compliance in joining and cooperating with the investigation after the grant of interim protection.
- The State, represented by the learned AAG, confirmed that the petitioner was no longer required for investigation.
- On these facts, and applying Section 482(2) of Bhartiya Nagrik Suraksha Sanhita, 2023, the Court held the statutory conditions for confirming interim anticipatory bail into absolute bail were met.
- The judgment maintains procedural continuity under the new Code, balancing investigative needs with the rights of the accused.
Arguments by the Parties
Petitioner:
- The petitioner joined and fully cooperated with the investigation as directed during the period of interim protection.
- Sought confirmation of interim bail as absolute anticipatory bail given cooperation.
Respondent (State):
- The State, through AAG, confirmed that the petitioner had indeed joined the investigation and that he was no longer required for further investigation.
Factual Background
The petitioner was implicated in FIR No. 58 dated 26.06.2025, registered under Sections 108, 351(2), 3(5) of the Bhartiya Nagrik Suraksha Sanhita, 2023, at Police Station Division No. 4, District Ludhiana. The Court granted interim protection on 16.07.2025 with the direction that the petitioner join the investigation. The petitioner complied, and the State confirmed he was no longer needed for investigation. The petitioner then sought to make the interim bail absolute.
Statutory Analysis
- Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, was applied as the governing provision for conditions attached to the confirmation of anticipatory bail.
- The order underscores adherence to the statutory framework in granting and confirming anticipatory bail.
- No interpretation or reading down of statutory provisions was reported in the judgment.
Alert Indicators
- ✔ Precedent Followed – Existing principles on anticipatory bail and transition from interim to absolute bail are reaffirmed in the context of the BNSS, 2023.