The Punjab & Haryana High Court confirms that anticipatory bail granted as an interim measure—when the accused joins investigation and is no longer needed for custodial interrogation—may be made absolute, subject to conditions under Section 482(2) BNSS. The judgment delineates the non-blanket nature of such orders, upholds precedent regarding judicial discretion, and provides binding guidance for future anticipatory bail applications under BNSS, 2023.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/44291/2025 of DAL CHAND TANWAR ALIAS D.C.TANWAR Vs STATE OF HARYANA |
| CNR | PHHC011270142025 |
| Date of Registration | 12-08-2025 |
| Decision Date | 10-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | SUMEET GOEL, J. |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge |
| Precedent Value | Binding within Punjab and Haryana; persuasive elsewhere |
| Type of Law | Criminal Procedure—Anticipatory Bail under BNSS, 2023 |
| Questions of Law |
|
| Ratio Decidendi |
If a petitioner, after being granted interim anticipatory bail under Section 482 of the BNSS, 2023, duly joins the investigation and the prosecution confirms that custodial interrogation is no longer required, the court may make interim bail absolute. Such orders are not blanket protections and are limited strictly to the specific FIR. The State/complainant may seek cancellation if bail conditions under Section 482(2) are violated or on showing sufficient cause. Nothing in such orders should be construed as an opinion on the merits. |
| Facts as Summarised by the Court |
The petitioner sought anticipatory bail under Section 482 BNSS, 2023, apprehending arrest in a criminal case arising from a civil dispute. The Court ordered interim bail subject to the petitioner joining investigation. The petitioner complied; the State confirmed custodial interrogation was no longer needed. The Court then granted absolute anticipatory bail, outlining the proper scope and limitations. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
| Persuasive For | Other High Courts; Supreme Court (for provisions under BNSS, 2023) |
What’s New / What Lawyers Should Note
- Confirms that anticipatory bail under Section 482 BNSS, 2023, initially granted on an interim basis, may be made absolute upon full cooperation with investigation if custodial interrogation is not required.
- Clearly states that such anticipatory bail orders are not “blanket” protections and apply only to the particular FIR specified.
- Reiterates that the State or complainant retains liberty to seek cancellation if bail conditions are breached or new cause arises.
- Highlights that orders under Section 482(2) BNSS, 2023, should not be construed as expressing any view on the merits of the case.
- Useful for arguments regarding the scope, continuation, and conditions of interim and absolute anticipatory bail under the new BNSS regime.
Summary of Legal Reasoning
- The Court noted that, pursuant to the interim order, the petitioner had duly joined investigation as directed.
- The State’s counsel, with instructions from the investigating officer, acknowledged that further custodial interrogation was not required.
- The Court relied on the direct compliance with the court’s earlier direction, making interim bail absolute, but expressly limited the order to the specific FIR.
- It was emphasized that anticipatory bail under Section 482 BNSS, 2023, is subject to compliance with statutory conditions.
- The order clarified that it does not amount to blanket, indefinite protection against all future or other potential criminal proceedings.
- Liberty was reserved for the State/complainant to seek cancellation or recall upon non-compliance or other sufficient cause.
- The Court clarified that observations made do not influence the merits of the ongoing investigation or trial.
Arguments by the Parties
Petitioner
- Sought anticipatory bail, arguing the FIR’s genesis was a civil dispute.
- Expressed willingness to join and cooperate with investigation.
Respondent (State)
- On instructions, confirmed the petitioner had joined investigation in compliance with court orders.
- Stated the petitioner was no longer required for custodial interrogation.
Factual Background
The petitioner approached the Punjab & Haryana High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to seek anticipatory bail in connection with FIR No.233 dated 24.07.2025, at Police Station Kheripul, District Faridabad, which was registered for multiple offences under BNS, 2023. The dispute giving rise to the FIR stemmed from what was alleged to be a civil dispute. The Court initially granted interim bail, ordering the petitioner to join investigation, which he did; the State then confirmed further custodial interrogation was unnecessary.
Statutory Analysis
- Considered Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the grant of anticipatory bail.
- Clarified the operation and limitation of interim and absolute protection from arrest under Section 482(2) BNSS.
- Specified that the substantive relief provided is confined to the particular FIR and is not transferable to other incidents or future cases.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
- The court reiterated the practice of initially granting interim bail conditional upon compliance (joining investigation), and then regularizing that bail as absolute upon confirmation from investigating authorities.
- It set out a clear procedure for the State/complainant to move for cancellation/recall of anticipatory bail orders in the event of breach of conditions or emergence of other sufficient cause.
Alert Indicators
- ✔ Precedent Followed – Court reaffirms settled principles (now under BNSS, 2023) for granting and limiting anticipatory bail; maintains procedural safeguards and delineates scope of such protection.