The Court affirms that anticipatory bail under Section 482 BNSS (2023) can be granted when the accused has joined and fully cooperated with the investigation, provided custodial interrogation is not required. The decision upholds existing precedent, applies to economic offences (cheating and forgery), and is binding on subordinate courts within the jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/49169/2025 of DORJE DUNDUP NEGI ALIAS D.D.NEGI Vs STATE OF PUNJAB |
| CNR | PHHC011412032025 |
| Date of Registration | 02-09-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Mr. Justice Aman Chaudhary |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts within Punjab & Haryana |
| Type of Law | Criminal Procedure; Anticipatory Bail; BNSS 2023 |
| Questions of Law | When is anticipatory bail under Section 482 BNSS (2023) justified, especially in economic offences, upon full cooperation of the accused? |
| Ratio Decidendi |
The Court held that anticipatory bail may be granted under Section 482 BNSS (2023) when the petitioner joins investigation, cooperates fully, and no further custodial interrogation is required by the investigating agency. Interim bail granted earlier was made absolute in such circumstances. The order makes clear that failure to cooperate in the future would justify cancellation of anticipatory bail. The judgment relied on the State counsel’s instructions, showing no further need for custodial interrogation at this stage. |
| Facts as Summarised by the Court |
The petitioner was accused under Sections 420, 465, 467, 468, 120-B IPC (cheating, forgery, conspiracy), based on a banking transaction. He joined and fully cooperated with the investigation. The State confirmed he was not required for further custodial interrogation. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab & Haryana High Court’s jurisdiction |
| Persuasive For | Other High Courts and the Supreme Court (for procedural clarification under BNSS, 2023) |
What’s New / What Lawyers Should Note
- Affirms that, under Section 482 BNSS (2023), anticipatory bail can be confirmed as absolute when the accused has joined and fully cooperated with investigation.
- Clarifies the transition from CrPC Section 438 to BNSS Section 482 for anticipatory bail procedures.
- Specifies that if the need for custodial interrogation no longer exists, anticipatory bail shall not be denied merely because the offence relates to economic fraud/forgery.
- States may seek cancellation of anticipatory bail if the accused subsequently fails to cooperate.
Summary of Legal Reasoning
- The Court considered the petitioner’s conduct: he joined the investigation and fully cooperated after interim protection was granted.
- The State confirmed there was no requirement for custodial interrogation at the present stage.
- The Court, therefore, made the interim bail order absolute, subject to conditions in Section 438(2) CrPC (now Section 482(2) BNSS, 2023).
- It was explicitly stated that the State could seek cancellation of bail if cooperation ceased.
- The reasoning closely tracks established principles for anticipatory bail, confirming their application under the new BNSS statutory framework.
Arguments by the Parties
Petitioner
- The petitioner obtained the loan in discharge of official duties, was transferred, and later retired.
- He acted under authorisation per SARFAESI Act; no direct involvement alleged.
- He has already joined and fully cooperated with the investigation.
- Willing to comply with conditions and join investigation as required.
Respondent (State)
- Confirmed that petitioner joined investigation and fully cooperated.
- Stated that no further custodial interrogation was required at present.
Complainant
Representation by advocate noted; no separate argument recorded in the judgment.
Factual Background
The dispute arises from FIR No. 113 dated 25.04.2025, registered under Sections 420, 465, 467, 468, 120-B IPC at Ludhiana. It involves a bank loan where the complainant was guarantor/mortgagor, and the petitioner was a bank branch manager who initiated proceedings under SARFAESI Act. After the petitioner retired, criminal proceedings were launched. The petitioner sought anticipatory bail; he joined and fully cooperated with the investigation, and the State confirmed that no further custodial interrogation was required.
Statutory Analysis
- The Court applied Section 482 of the BNSS (2023), which is the successor to Section 438 of the CrPC, governing anticipatory bail.
- The order directs compliance with conditions set out in Section 482(2) BNSS.
- While referencing the statutory transition, the Court maintained interpretation consistent with previous CrPC anticipatory bail jurisprudence.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are reported in the judgment.
Procedural Innovations
- Recognises the application of anticipatory bail provisions under the newly enacted BNSS (2023) instead of CrPC Section 438.
- Confirms that interim bail can be made absolute in proceedings under the BNSS upon evidence of cooperation.
Alert Indicators
- ✔ Precedent Followed – The established principles for grant and confirmation of anticipatory bail have been affirmed in light of the new BNSS.