High Court of Punjab and HaryanaCRM-M/18751/2025disposed of

Arian Rana v. State Of Punjab

2025-05-05Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18751-2025 (O&M) Date of decision: 05.05.2025 Arian Rana ....Petitioner

Versus

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

Present:

Mr. Sidharth Maini, Advocate for the petitioner (through video conferencing) Mr. Sandeep Kumar, DAG, Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.84 dated 12.07.2024 under Sections 406 & 420 of the Indian Penal Code, 1860 and Section 13 of Punjab Travel Professional (Regulation) Act, 2014, registered at Police Station Nangal, District Rupnagar.

On 05.04.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioner, inter alia, contends that co-accused is owner and operator of the alleged company and he allegedly promised the complainant to send him abroad on study visa. The petitioner is not beneficiary of the financial transactions between co-accused and the complainant. Further, a compromise was effected between co-accused and the complainant prior to registration of present FIR and the

cheque given by co-accused had bounced and thereafter, FIR (supra) was registered. Moreover, the maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07 years. Notice of motion for 05.05.2025.

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. 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."

Learned State counsel, on instructions from ASI Tejinder Singh, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required. 4.

In view of the statement of learned State counsel, order dated 05.04.2025 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). 5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 05.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No