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2024 Supreme(Online)(P&H) 8353

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BHUPINDER SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-65650-2024 Date of decision: 30.01.2025 BHUPINDER SINGH ….Petitioner Versus STATE OF PUNJAB ....Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Deepak Arora, Advocate for the petitioner.

Mr. Rajinder Singh Bhatta, DAG Punjab.

Mr. Liaqat Ali, Advocate for the complainant.

..…

SANJIV BERRY, J. (ORAL)

By way of present petition filed under Section 482 BNSS, 2023, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: -

FIR No. Dated Sections Police Station

191 06.12.2024 420, 120-B, 465, Tibba, District Ludhiana

468, 471 IPC

2. Learned counsel for the petitioner submits that in compliance to the order dated 13.01.2025, the petitioner has joined the investigation.

3. During the course of hearing on 13.01.2025, following order had been passed: -

“2. It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case on the basis of alleged agreement to sell dated 17.04.2023 with which the petitioner has no concern whatsoever. He contends that the petitioner is neither the owner of the property nor the signatory to the agreement but has been allegedly nominated in this case on account of some financial transactions between the complainant and the petitioner. He contends that the petitioner having no criminal antecedents and even the complaint under Section 138 of the N.I. Act had been filed by the complainant vide Annexure P-2, wherein the amount alleged is Rs. 8.40 lacs whereas in the alleged agreement to sell the amount alleged is Rs. 12.86 lacs.

3. Learned counsel for the petitioner further contends that the alleged property mentioned in the said agreement does not belong to the petitioner.

4. Notice of motion, returnable for 30.01.2025.

5. On the asking of the Court, Mr. Rajinder Singh Bhatta, DAG, Punjab, present in Court, accepts notice on behalf of the Staterespondent and, on instructions from ASI Kamaljeet Singh, prays for time to file the status report/reply in the matter.

6. Mr. Liaqat Ali, Advocate, has entered appearance on behalf of the complainant and filed his memo of appearance to assist learned State counsel in the matter. The same is taken on record.

7. Needful be done well before the date fixed with an advance copy to the counsel opposite.

8. In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).

9. Investigating Officer (concerned) to remain present in Court along with relevant records on the date fixed.”

4. Learned State counsel on instructions received from ASI Kamaljeet Singh informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation.

5. Learned counsel appearing on behalf of the complainant has opposed the bail.

6. Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 13.01.2025 passed by this Court, interim bail granted vide order dated 13.01.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

7. The petition stands allowed.

8. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the m

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