Jaswant Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-48557-2024 Date of decision: January 21st, 2025 Jaswant Singh .....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gaurav Mohunta, Mr. Satyender Yadav and Mr. Pintyush Sood, Advocates for the petitioner.

Mr. H.S. Deol, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in FIR No.39 dated 05.09.2024 under Section 7 of The Prevention of Corruption Act, 1988, registered at Police Station Vigilance Bureau, Patiala.

2.

While issuing notice of motion on 27.09.2024, following submissions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner, inter alia, contends that although the prosecution is placing reliance upon some audio recording between the complainant and the petitioner, however, even in the said audio recording, the complainant is heard saying that the alleged bribe money is to be handed over to the Incharge; in the audio recording, the petitioner is not heard making any demand, hence, Section 7 of the Act would not be attracted in the instant case."

3.

Thereafter, vide order dated 14.10.2024, the petitioner had PUNEET SACHDEVA 2025.01.21 18:00 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-48557-2024 -2been granted interim anticipatory bail with direction to join investigation.

4.

Learned counsel for the petitioner submits that in compliance of order dated 14.10.2024, the petitioner has joined investigation and cooperated with the investigating agency. 5.

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.

6.

In view of the above, the petition is allowed and interim order dated 14.10.2024 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

January 21st, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.01.21 18:00 I attest to the accuracy and integrity of this document Chandigarh