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High Court of Punjab and HaryanaCRM-M/28009/2024allowed

Balvir Singh v. State Of Punjab

2024-09-16Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-28009-2024 Date of decision: September 16, 2024 Balvir Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ankur Lal, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. Ms. Jasleen Kaur Chhibber, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.31 dated 27.04.2023 under Sections 406, 420, 120-B of the Indian Penal Code, 1860, and Section 13 of Punjab Travel Professionals Regulation Act, 2012, registered at Police Station City Samana, Patiala. 2.

Vide order dated 29.05.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Counsel for the petitioner submits that petitioner is falsely implicated in the present case and the FIR is silent as to on which date, month and year the alleged payment was made to the petitioner or any other coaccused by the complainant. Counsel for the petitioner further submits that alleged transactions took place in 2019 whereas FIR has been registered in year 2023 by PUNEET SACHDEVA 2024.09.16 18:01 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-28009-2024 -2the police without verifying the facts. Counsel for the petitioner submits that petitioner who is having no criminal history is ready to join investigation with the police.".

3.

Learned counsel for the petitioner submits that in compliance of order dated 29.05.2024, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 29.05.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of the BNSS, 2023. September 16th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.09.16 18:01 I attest to the accuracy and integrity of this document Chandigarh