Rakesh Kumar v. State Of Punjab

CRM-M-11842-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11842-2024

Reserved on: 10.07.2024

Pronounced on: 30.07.2024 Rakesh Kumar

...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, seeking anticipatory bail. 2.

Vide order dated 06.03.2024, petitioner has been granted interim bail and the said order is continuing till date.

3.

According to the affidavit filed by SHO, the petitioner has transferred back an amount of Rs.4,24,000/- to accused Charanjit Singh who is missing. 4.

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.

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-11842-2024 5.

Given above, the petition is allowed and interim order dated 06.03.2024 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