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High Court of Punjab and HaryanaCRM-M/50829/2025allowed

Harcharan Singh v. State Of Punjab

2025-11-11Mr. Justice Aman Chaudhary2 pages

CRM-M-50829-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-50829-2025 (O&M) Date of decision: 11.11.2025 HARCHARAN SINGH ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

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

Mr. Harpreet Singh Jakhal, Advocate for the petitioner. Mr. Jasjit Singh, 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.22 dated 04.07.2025, registered under Sections 13(2), 13(1)(A) of PC Amendment Act, 2018 and under Sections 409, 465, 467, 471 of IPC at Police Station Vigilance Bureau Range, Ferozepur, District Ferozepur.

2.

On 11.09.2025, this Court had passed the following order:- <Learned counsel submits that the petitioner was working as Panchayat Secretary in Gram Panchayat of the Village Ahmed Chandi, Block Mamdot, District Ferozepur, from 2014 to 2018, while the allegations leveled are against the Panchayat that had misappropriate the funds by showing either excess amount or for works that were not done such as cleaning of pond. In this regard, he refers to Section 87 of the Punjab Panchayati Raj Act, 1994 (in short 8the Act9), as per which, his duty is to maintain the record of the Gram Panchayat which is in the custody of the Sarpanch and the resolutions are passed by the Gram Panchayat based on the decision that has been arrived at amongst themselves, wherein the petitioner has no role.

In case, there was some misappropriation, as per the provisions of Section 216 of the Act, the complaint ought to have been made to the BDPO or DDPO which in this case has not been submitted and there is no recovery to be effected from him and not involved in any other case. He is presently posted at Faridkot. He is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

VISHAL VARDHAN 2025.11.11 16:52 I attest to the accuracy and integrity of this document

CRM-M-50829-2025 (O&M) -2At the asking of the Court, Mr. M.S. Bajwa, DAG, Punjab, accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 19.09.2025. 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 11.11.2025.= 3.

Learned counsel submits that in pursuance to the order dated 11.09.2025 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 Investigating Officer 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 petitioner is allowed and the order dated 11.09.2025 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 11.11.2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.11.11 16:52 I attest to the accuracy and integrity of this document