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High Court of Punjab and HaryanaCRM-M/23454/2025allowed

Jal Karan v. State Of Haryana

2026-04-22Mr. Justice Sanjay Vashisth4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 22.04.2026 JAL KARAN ......Petitioner

Versus

STATE OF HARYANA ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Madan Pal, Advocate, and Mr. Abhinav, Advocate, for the petitioner.

Mr. Parveen Kumar Aggarwal, Addl. AG, Haryana. Mr. S.K. Hooda, Advocate, for the complainant. **** SANJAY VASHISTH, J.

1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023, is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner FIR No.

Date Section(s) Police Station (s) Jal Karan, aged about 56 years 21.03.2025 316(2) and 318(4) of BNS Julana, Jind 2.

After hearing the submissions addressed by counsel for the petitioner, on 01.05.2025, following order was passed:- "2.

Learned counsel for the petitioner refers to the order dated 18.03.2025 passed by this Court in CRM-M-14639-2025, wherein in a similar case i.e. FIR No.134 dated 27.02.2025, registered against the petitioner, arrest has been stayed and said petition was fixed for 21.04.2025. For reference order dated 18.03.2025 passed in CRM-M-14639-2025, is reproduced herebelow:-

"1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of FIR No.

Date Section(s) Police Station District Petitioner (s) Bijender Singh, aged about 51 years 27.02.2025 420, 406, 408, 120B of IPC and Section 3 of Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 and 21, 23 of Banning of Unregulated Deposit Schemes Act, 2019 Chandni Bagh Panipat 2.

By referring to the order dated 31.01.2025 passed in CRWP-584-2025 (Annexure P-11), counsel for the petitioner submits that in fact, petitioner himself is a victim of fraud committed by the Human Welfare Credit and Thrift Cooperative Society. Both the petitioner and his wife, namely, Geeta Devi, are investors to the tune of approximately Rs.27 lacs, and despite this, the Society has failed to repay any amount to them.

By filing the aforementioned writ petition before this Court, the petitioner has prayed for appropriate action to be taken against the defaulters. After taking cognizance of the matter, the petition is now scheduled for hearing on 28.03.2025.

3.

Notice of motion.

4.

On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report.

List again on 28.03.2025.

To be heard along with CRWP-584-2025.

In the meanwhile, arrest of the petitioner shall remain stayed.

8.

However, issue regarding joining of investigation of the petitioner would be examined on the next date of hearing, after perusing the status report which is to be filed by learned State counsel." 3.

Counsel for the petitioner also argues that name of the petitioner is not mentioned in the FIR, and he has been involved on the basis of disclosure statement of the arrested accused, namely, Jasvir. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.

4.

Notice of motion.

On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.

Adjourned to 21.05.2025.

To be heard along with CRM-M-146392025.

In the meanwhile, arrest of the petitioner shall remain stayed. However, issue regarding joining of investigation of the petitioner would be examined on the next date of hearing, after perusing the status report which is to be filed by learned State counsel." 3.

Thereafter, on 17.02.2026, following order was passed:- "Since arrest of the petitioner(s) in the aforementioned cases was ordered to be stayed, therefore, they were not able to join the investigation in the absence of specific direction.

List again on 22.04.2026.

Meanwhile, the petitioner(s) are directed to join the investigation on 05.03.2026, as and when required to do so by the Investigating Agency. In the event of their arrest, the petitioner(s) shall be released on adinterim bail, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner(s) shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

Besides, it is directed that petitioner(s) would hand over their passports to the Investigating Agency or to Court concerned, if they possess. Otherwise, would submit an affidavit, disclosing the fact that they do not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.

A photocopy of this order be placed on the files of other connected cases."

4.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 17.02.2026, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

Learned State counsel on instructions from SI Ram Niwas and SI Sukhan Pal, confirms the said averment made by counsel for the petitioner of joining the investigation by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

Heard learned counsel for the parties.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 17.02.2026, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 8.

Accordingly, petition stands disposed of.

9.

However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport.

It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 22.04.2026 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO