Gurpreet Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 03.02.2025 Gurpreet Singh ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Sandeep Wadhwan, Advocate for Ms. Tuneet Walia, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. Amripal Singh Maan, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.70, dated 30.8.2024, registered under Sections 316(2), 318(4), 61(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) at Police Station Mehta, District Amritsar Rural. 2.

On 24.09.2024, the following order was passed:- "XX XX XX XX The FIR was lodged at the instance of Amarjit Singh, President of Buttar Kalan Society. The allegations, in nutshell, are that the petitioner while having an additional charge as Secretary of the aforesaid society had withdrawn an amount of Rs.30,000/- for purchase of furniture, but no such furniture was ever purchased and the said amount had been usurped. There are also allegations to the effect

that certain agricultural equipments had also been misappropriated.

Learned counsel for the petitioner submitted that as far as the allegations regarding misappropriation of agricultural implements are concerned, it is the ExPresident Jagdev Singh, who would be responsible for the same. It has been submitted that as a matter of fact the ExPresident by way of filing a civil suit had virtually admitted that the agricultural implements had been stored in his premises though he has taken a stand that the society had taken his premises on rent. Learned counsel submitted that the alleged amount of Rs.30,000/- is a petty amount and as a matter of fact the society owes an amount of Rs.98,000/- to the petitioner. Learned counsel, in this regard, has referred to entry at serial No.276 in balance sheet (Annexure P-3).

Notice of motion for 3.2.2025.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438

(2) Cr.P.C."

3.

Learned State counsel assisted by learned counsel for respondent No.2 and on instructions from ASI Baldev 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 24.09.2024 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 03.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No