Mahinder Pal v. State Of Punjab
CRM-M-10450-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-10450-2024
Reserved on: 10.07.2024
Pronounced on: 30.07.2024 Mahinder Pal
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Sardavinder Goyal, Advocate and Mr. Nitin Kant Setia, Advocate for the petitioner.
Mr. Gurpartap S. Bhullar, A.A.G., Punjab.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 02.12.2023 Guruharsahai 420, 467, 468, 471, 409, 120-B IPC and 13 of PC Act, 1.
The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC, 1973, seeking anticipatory bail. 2.
Vide order dated 28.02.2024, petitioner has been granted interim bail and the said order is continuing till date.
3.
Counsel for the petitioner submits that the petitioner's brother had committed suicide because of the pressure of his senior and the money had been transferred in the petitioner's account without his knowledge and lateron transferred back the entire money. 4.
Counsel for the petitioner further submits that an amount of Rs.34,76,916/- was received in his account and he has transferred back Rs.34,77,059/- to the account of his brother because the money had been transferred at the instance of Gurmeet Singh and may be in conspiracy with petitioner's brother Charanjit Singh who is not traceable after leaving suicide note on 29.05.2023.
Jyoti Sharma 2024.08.01 12:20 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh
CRM-M-10450-2024 5.
In the entirety of facts and circumstances coupled with the fact that although money has been transferred to the petitioner but the petitioner's conduct of transferring back the money would prima facie show that either the money was transferred into his account without his knowledge or he was just acting as money mule and he did not take any pecuniary advantage from the said money.
6.
Given above, the petition is allowed and interim order dated 28.02.2024 is made absolute. All pending applications, if any also stand disposed. (ANOOP CHITKARA) JUDGE 30.07.2024 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable:
No.
Jyoti Sharma 2024.08.01 12:20 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh