The High Court clarifies that interim anticipatory bail granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, becomes absolute on fulfillment of conditions like joining investigation, but protection is case-specific, non-blanket, and subject to compliance with statutory conditions; this reaffirms prevailing precedent applicable to Excise Act offences.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/52815/2025 of RAJ KAUR Vs STATE OF PUNJAB |
| CNR | PHHC011512732025 |
| Date of Registration | 16-09-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE SUMEET GOEL |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within Punjab and Haryana; reaffirmation of existing principles |
| Type of Law | Criminal Procedure (Bharatiya Nagarik Suraksha Sanhita, 2023), Excise Act |
| Questions of Law | Whether interim anticipatory bail under Section 482 becomes absolute after accused joins investigation and is not needed for further custodial interrogation; whether such bail is blanket or case-specific. |
| Ratio Decidendi |
The High Court holds that once a petitioner joins investigation and is not required for further custodial interrogation, interim anticipatory bail under Section 482(2) BNSS may be made absolute, subject to continued compliance with statutory conditions. The order is not a blanket protection and applies only to the specific FIR and incident in question. Liberty for recall/cancellation exists if conditions are violated or sufficient cause arises. Any observations shall not prejudice the case merits. |
| Facts as Summarised by the Court |
The petitioner, a woman aged 51 years, apprehended arrest in an FIR under Excise Act Sections 61/1/14, claimed false implication, and sought anticipatory bail. After joining investigation as directed, the State confirmed she was not required for custodial interrogation. The Court then granted absolute anticipatory bail, limited to the present FIR, and subject to BNSS Section 482(2) conditions. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana |
| Persuasive For | Other High Courts considering anticipatory bail under BNSS, 2023 |
| Follows |
Standard approach for anticipatory bail: interim order becomes absolute after joining investigation if custodial interrogation not needed and subject to statutory conditions under BNSS Section 482(2) |
What’s New / What Lawyers Should Note
- Interim anticipatory bail under Section 482 BNSS is made absolute after joining investigation, where custodial interrogation is not required.
- The granted bail is not a blanket protection and only covers the specific FIR/incident.
- Orders are still subject to the power of the State/complainant to seek cancellation upon violation of conditions or for sufficient cause.
- The judgment explicitly reiterates that observations made do not amount to findings on the case’s merits.
Summary of Legal Reasoning
- The Court first noted that interim pre-arrest bail had been granted to the petitioner, conditioned on her joining investigation and conforming to Section 482(2) BNSS.
- Upon being informed by the State that the petitioner had fulfilled the condition and was not needed for custodial interrogation, the Court found grounds to make the interim order absolute.
- The Court delineated the scope and boundaries of the order: it is not blanket protection from arrest and applies solely to the particular FIR and incident.
- The State/complainant retains liberty to seek cancellation of bail if the petitioner violates any specified conditions or other sufficient cause arises.
- The Court clarified its order was not an opinion on the merits of the underlying case.
Arguments by the Parties
Petitioner
- The petitioner is a woman, aged 51.
- No effective recovery is to be made from her.
- She has been falsely implicated.
- The police claim of her running away from a strong police party is unbelievable.
- She is willing to join investigation and cooperate.
State
- The petitioner joined investigation.
- She is not required for further custodial interrogation.
Factual Background
The petitioner, a 51-year-old woman, faced arrest pursuant to FIR No. 203 dated 27.08.2025 under Sections 61/1/14 of the Excise Act at Police Station Sarai Tarn Taran, District Tarn Taran. She contended false implication in the FIR and sought anticipatory bail, expressing readiness to join and cooperate with investigation. On 22.09.2025, interim bail was granted—subject to joining investigation. Subsequently, after compliance and upon State’s confirmation of no further need for custodial interrogation, the court made the interim bail order absolute and imposed statutory conditions per Section 482(2) of BNSS.
Statutory Analysis
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023: The judgment applies and reiterates the procedure regarding pre-arrest bail, including that interim protection may be continued as absolute upon fulfillment of the condition (joining investigation) and where further custodial interrogation is not warranted.
- Section 482(2) of BNSS: Conditions enumerated therein must be strictly complied with and form part of the basis for the grant and continuation of bail.
Alert Indicators
- ✔ Precedent Followed – The decision applies and reaffirms standard principles for grant of anticipatory bail, as per the relevant statutory provisions, without departing from settled law.