Manish Bansal v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-7412-2025 (O&M) Date of decision: 01.05.2025 Manish Bansal ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Ms. Kudrat Sareen, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab.

Mr. Sanjeev Kumar Banga, Advocate for the complainant HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.191 dated 16.11.2024 under Section 420 of the Indian Penal Code, 1860 (now Section 318(4) of the Bharatiya Nyaya Sanhita, 2023), registered at Police Station City Nawanshahr, District SBS Nagar.

2.

On 13.02.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner, inter alia, contends that the petitioner is not involved in any other case and he is ready to return the amount of Rs.7,82,800/-, allegedly paid by the complainant to him and to show his bonafide, he will pay an amount of Rs.4.00 lakhs by way of demand draft, to the complainant at the time of joining the investigation and the remaining amount of Rs.3,82,800/- will be paid on or before the next date of hearing. Further, the maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07

years.

Notice of motion.

Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent-State and Mr. Gursimran Singh Bhatia, Advocate appears on behalf of the complainant and files his Vakalatnama in the Court today, which is taken on record. Registry is directed to tag the same at the appropriate place of the case file.

Adjourned to 20.03.2025.

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. The petitioner is directed to hand over the demand draft of Rs.4.00 lakhs favouring the complainant, to the Investigating Officer at the time of joining the investigation, which shall be further handed over to the complainant against proper receipt.

It is clarified that the payment to be made to the complainant, shall not be construed as admission of the petitioner towards his guilt.

Meanwhile, the parties are directed to appear before

the Mediation and Conciliation Centre of this Court for exploring the possibility of some amicable settlement on 20.02.2025 at 10.00 a.m.

Report of the Mediator be awaited for the date fixed. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law."

3.

Learned counsel for the petitioner, in terms of the order dated 20.03.2025 passed by this Court, has handed over a demand draft of R.3,82,800/- to learned counsel for the complainant in the Court itself. Photocopy of the same is retained on the file as Mark A. 4.

Learned State counsel, on instructions from ASI Surinder Pal, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. 5.

In view of the statement of learned State counsel, order dated 13.02.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 6.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 01.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No