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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Harbhag Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS ’) for grant of anticipatory bail to the petitioner in case bearing FIR No.250 dated 17.10.2024, registered for the offences punishable under Sections 406 and 420 of IPC at Police Station City, Thanesar, Kurukshetra and for setting aside of order dated 28.04.2025 passed by the Additional District and Sessions Judge, Kurukshetra whereby the bail application filed by the petitioner has been dismissed.
2. The gravamen of the FIR in question pertains to defrauding the Sarv Haryana Gramin Bank by obtaining the three loans to the tune of Rs.65 lacs by the petitioner alongwith his wife (co-accused) while mortgaging two properties; one measuring 27 kanals 01 marla situated in village Balahi, Tehsil, Thanesar, District Kurukshetra and the other land measuring 11 kanals situated in village Dabkheri, District Kurukshetra. However, without first redeeming a parcel of land measuring 11 kanals situated in village Dabkheri, the petitioner alongwith co-accused proceeded to sell the same for a substantial amount manifesting a clear inten
Anticipatory bail in economic offences warrants strict scrutiny due to potential impact on public trust and judicial processes; absence of compelling reasons led to denial of bail.
The seriousness of economic offences, the impact on society, and the larger interest of the public and State are important considerations in deciding on anticipatory bail applications in cases involv....
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
Anticipatory bail is not an absolute right, especially in economic offences, where the court must balance personal liberty against the need for effective investigation.
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
Serious allegations of harassment leading to suicide can justify denial of anticipatory bail; the court must balance individual rights against societal interests.
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