CRM-M/32810/2026 of HARPAL SINGH Vs STATE OF PUNJAB on 16 July 2026

1. Petitioner seeks anticipatory bail in FIR No.7 dated 02.04.2026 under Sections 316(2), 318(4) Bharatiya Nyaya Sanhita, 2023 and Section 24 Immigration Act, Police Station NRI, Phase-7, SAS Nagar Mohali, District SAS Nagar Mohali. This is the first petition for anticipatory bail.

2. While issuing notice of motion on 03.06.2026, following order was passed: “Petitioner seeks anticipatory bail in case arising out of FIR No. 0007 dated 02.04.2026 under Sections 316(2), 318(4) Bharatiya Nyaya Sanhita, 2023 and Section 24 of Immigration Act, Police Station NRI, Phase-7, SAS Nagar Mohali. This is the first petition for anticipatory bail. Learned counsel for the petitioner submits that petitioner was an employee, working in Bright Future Immigration Firm. As per allegations, a sum of ₹4,92,000/- was paid by the complainant to the petitioner for the work visa and purchase of tickets to Armenia, for his son Parmeet Singh, but petitioner failed to book the tickets and did not return the money. Learned counsel submits that it was complainant’s own case that visa of his son had arrived and the dispute was with regard to booking of tickets only. He further submits that petitioner was allowed interim anticipatory bail in consonance with the law laid down in Arnesh Kumar Vs. State of Bihar AIR 2014 SCC 2756 and Satender Kumar Antil Vs. Crime Bureau of Investigation and Another 2022 AIR SC 3386. However, since the order was not uploaded on the website, petitioner was not communicated the order by his counsel and he could not appear before the Arresting Officer/Investigating Officer to join investigation. He further submits that petitioner was still ready and willing to join investigation. Notice of motion. Mr. Akash Yadav, AAG Punjab, who is present in the Court accepts notice on behalf of respondent-State, seeks time to file status report. He opposes the prayer for anticipatory bail submitting that there were serious and specific allegations against the petitioner and one more case was registered against him. Status report in the matter be filed on 16.07.2026. In the meantime, in the event of arrest, the petitioner shall be released on interim anticipatory bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. Petitioner shall join investigation as and when called upon to do so and shall abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”

3. Learned State counsel has filed status report by way of affidavit of PPS, DSP, NRI Wing, District SAS Nagar, which is taken on record. On instructions from ASI Rajbir Singh, he submits that petitioner did join investigation. He however, opposes the prayer for anticipatory bail arguing that petitioner did not co-operate in investigation as he did not get recovered the money. Therefore, he was not entitled to anticipatory bail.

4. Petitioner, concededly has joined investigation. An accused while joining investigation is not expected to incriminate himself under threat that State may seek withdrawal of the interim protection granted to him. Purpose of joining investigation is to make oneself available to the Investigating Agency, respond to interrogation and not to compulsorily divulge self-incriminating information and material. Conduct of the petitioner appearing before the Investigating Agency entitles him to the concession of anticipatory bail. In the circumstances of the case, but without commenting on merits, the petition is allowed and order dated 03.06.2026, granting interim anticipatory bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.

5. Pending CRM(s), if any, are also disposed of accordingly. (SHALINI SINGH NAGPAL) 16.07.2026

JUDGE Sumit Singla Whether speaking/reasoned : Yes/No Whether reportable : Yes/No