Ashok Dutt v. State Of Punjab

CRM-M-49869-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-49869-2025 (O&M) Date of decision: 03.11.2025 ASHOK DUTT ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Rahul Sharma, Advocate for the petitioner.

Ms. Gagandeep Kaur, DAG Punjab.

***** AMAN CHAUDHARY. J.

1.

Prayer in the present petition filed under Section 482 BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.0088 dated 21.07.2025, registered under Sections 409, 465, 467, 468, 471 and 120-B of IPC, at Police Station Chabbewal, District Hoshiarpur. 2.

On 08.09.2025, this Court had passed the following order:- "Learned counsel submits that the petitioner aged 70 years old, Exsarpanch, who was in position in the year 2019 to 2024. The allegations are with regard to the duplicate entry in muster roll of 5 employees, were to be made as per rules at the hands of Gram Sachiv and Gram Rojgar Sevak. He futher refers to order dated 02.09.2025 passed by the Administrative Secretary to Government of Punjab, Department of Rural Development and Panchayats, Annexure P-5, noticing that the amount of Rs.17,300/- was deposited and as such the operation of order dated 15.07.2025 to register the FIR was stayed and the matter is now pending for 11.09.2025.The petitioner is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, Mr. M.S. Bajwa, DAG Punjab accepts VISHAL VARDHAN 2025.10.29 18:44 I attest to the accuracy and integrity of this document

CRM-M-49869-2025 (O&M) -2notice on behalf of respondent-State and Mr. Anil Kumar Sharma, Advocate put in appearance on behalf of the complainant. Meanwhile, the petitioner is directed to join the investigation on or before 15.09.2025. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 482 (2) BNSS. However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 03.11.2025."

3.

Learned counsel submits that in pursuance to the order dated 08.09.2025 passed by this Court, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

4.

Learned State counsel on instructions from ASI Manna Singh affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 5.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioners are allowed and the order dated 08.09.2025 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr.P.C. (now 482(2) of BNSS, 2023).

6.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) JUDGE 03.11.2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.10.29 18:44 I attest to the accuracy and integrity of this document