Sanjay Sharma vs State Of Punjab

Sanjay Vashisth, J

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of petitioner(s)

FIR No.

Date

Section(s)

Police Station

District

Sanjay Sharma

143

18.10.2025

115(2), 109, 191(3), 190, 351(3) of BNS, 2023 and 25/27 of the Arms Act, 1959

Basti Jodhewal

Ludhiana

On 03.12.2025, following order was recorded:-

"1. xxx

Learned counsel for the petitioner, inter alia, contends that even if the allegations are taken to be true, there is nothing attributed against the petitioner regarding causing any specific injury. Neither is he alleged to be armed with any kind of weapon, nor is it alleged that he called anybody to the spot. Even as per the impugned order dated 21.11.2025 (P-3), whereby the application for anticipatory bail was dismissed by the Court below, it is Anita Sharma (wife of the petitioner) who was noticed making a call to someone and, thereupon, some boys armed with pistols came to the spot and created a ruckus.

Thus, learned counsel argues that nothing is to be recovered from the possession of the petitioner; however, he is ready to join investigation, if protected from arrest. Accordingly, he prays for grant of concession of anticipatory bail to the petitioner in the present case.

Notice of motion.

On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report by verifying the submissions addressed by the petitioner's counsel.

At this stage, Mr. Suneet Pal Singh Aulakh, Advocate, puts in appearance on behalf of the complainant and files his Vakalatnama, in Court, which is taken on record. Office to tag the same at appropriate place.

Adjourned to 18.02.2026.

In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."

Learned State counsel on instructions, confirms the said averment made by counsel for the petitioner of joining the investigation by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

Heard.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 03.12.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

Accordingly, petition stands disposed of.