# RAGHBIR SINGH SHERGILL vs STATE OF PUNJAB AND ANR

Court: Punjab and Haryana High Court
Date: 2026-07-17
Citation: CRM-M 33181/2026
Petitioner: RAGHBIR SINGH SHERGILL
Respondent: STATE OF PUNJAB AND ANR

[Official PDF on Punjab and Haryana High Court website](https://livedb9010.phhc.gov.in/public/judgments/order-pdf?case_type=CRM-M&case_no=33181&case_year=2026&order_date=2026-07-17&order_type=FINAL)

## Judgment text (excerpt)

1 Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to as ‘BNS’ GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 2 GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 3 A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a decision:- the petitioner has already joined the investigation; ii. that the recovery of money cannot be a subject matter of present investigation, as the abovesaid money is not a piece of evidence, which is supposed to be collected by the Investigating Agency; iii. as laid down by the Hon’ble Supreme Court of India in the case of ‘Vinay Kumar Gupta v. State of Madhya Pradesh’ [Criminal Appeal No.939 of 2026, decided on 16.02.2026], the petitioner cannot be forced to assist the prosecuting agency in effecting recovery of incriminating material, which may harm his interests or may amount to defeating his right of defence; GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 4 iv. that as per law laid down by the Hon’ble Supreme Court of India in the case of ‘Sanja

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