Punjab and Haryana High Court

CRA-S/1836/2026 of NAFE SINGH AND ANOTHER Vs STATE OF HARYANA AND ANOTHER on 2 September 2026

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(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 205 CRA-S-1836-2026 (O&M) Date of decision : 02.09.2026 NAFE SINGH AND ANOTHER ... APPELLANTS Versus STATE OF HARYANA & ANOTHER .. RESPONDENTS CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Ms. Himani Anand,

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Date of decision : 02.09.2026

NAFE SINGH AND ANOTHER

... APPELLANTS

Versus

STATE OF HARYANA & ANOTHER

.. RESPONDENTS

CORAM : HON'BLE MR. JUSTICE H.S.GREWAL

Present:-

Ms. Himani Anand, Advocate and

Mr. H.S. Thind, Advocate for the appellants.

Mr. Rakesh Kumar Jangra, AAG, Haryana.

Mr. S.K. Liberhan, Advocate for respondent No.2.

***

H.S. Grewal, J.(Oral)

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1. The present appeal has been filed against the impugned order dated 19.05.2026 passed by learned Addl. Sessions Judge, Kaithal vide which the grant of concession of anticipatory bail to the appellants has been declined in case arising out of FIR No. 190 dated 26.08.2024, registered under Sections 115(323 IPC), 118(1) (324 IPC), 190 (149 IPC), 191 (3) (148 IPC), 351(2) (506 IPC) of the BNS, 2023 (Sections 190 (149 IPC), 191(3) (148 IPC) deleted and 117(2) (325 IPC), 238 (201 IPC) and 3(5) (34 IPC) of the BNS, 2023 and Section 3(2) (va) of SC & ST Act added later on), at Police Station Siwan, District Kaithal, Haryana.

2. This Court, vide order dated 06.07.2026, had directed the appellants to appear before the SHO/Investigating Officer and join investigation and in the event of their arrest, they were ordered to be released on interim bail to the satisfaction of the SHO/Investigating Officer, subject to the conditions envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Cr.P.C.). SONIA GUGNANI 2026.09.02 17.02 I attest to the accuracy and integrity of this document Chandigarh

3. Learned counsel for the appellants submits that in compliance of the order dated 06.07.2026 passed by this Court, the appellants have joined and cooperated with the investigation.

4. Learned State counsel, upon instructions, states that the appellants have joined the investigation and are not required for further custodial interrogation.

5. On the other hand, learned counsel for respondent No.2 has vehemently opposed the prayer made by learned counsel for the appellants for grant of anticipatory bail to the petitioner.

6. In view of the statement made by learned State counsel, the appeal is allowed and the interim order dated 06.07.2026 is made absolute. The appellants shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS.

7. However, it is clarified that the investigating authority on addition of an offence or offences may not proceed to arrest the accused/appellants, but for arresting the accused/appellants on such addition of offence or offences, it needs to obtain an order to arrest the accused/appellants from the Court which had granted the bail in view of the judgment passed by the Hon’ble Supreme Court in the case of Sumit versus State of U.P. and Another, Criminal Appeal No. 830 of 2026, decided on 09.02.2026.

8. Pending application(s), if any, shall also stand disposed of.

(H.S.GREWAL) 02.09.2026

JUDGE Sonia

Whether speaking/reasoned : Yes/No

Whether reportable

: Yes/No SONIA GUGNANI 2026.09.02 17.02 I attest to the accuracy and integrity of this document Chandigarh

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