High Court of Punjab and HaryanaCRM-M/2314/2025disposed of

Jitendra Singh v. State Of Punjab

2025-05-12Mr. Justice Sanjay Vashisth7 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 1.

CRM-M-2314-2025 Decided on : 12.05.2025 Jitendra Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CRM-M-65161-2024 Rajesh Diwakar . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CRM-M-65173-2024 Jaskaran . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CRM-M-7016-2025 Santosh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Vivek Tiwari, Advocate for the petitioner(s) (in CRM-M-2314-2025, CRM-M-65161-2024 & CRM-M65173-2024). Mr. Paramveer Singh, Advocate for the petitioner(s) (in CRM-M-7016-2025).

Mr. Manjinder S. Bhullar, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

This order shall dispose of CRM-M-2314-2025, CRM-M65161-2024, CRM-M-65173-2024 and CRM-M-7016-2025, as all the

- 2 - petitions are interconnected and have arisen out of same FIR. However, the lead case is CRM-M-2314-2025.

Prayer in these petitions, filed under Section 482 of BNSS, 2023 (corresponding to Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner(s), who have been booked for having committed the offences punishable under Sections 420, 120-B of IPC, in a case arising out of FIR No.172, dated 09.09.2022, registered at Police Station City Jagraon, Ludhiana.

While hearing the above petitions on 08.04.2025 and 04.04.2025, following orders were passed by this Court:- "IN CRM-M-2314-2025, CRM-M-65161-2024 & CRM-M-65173-2024 1.

On 11.03.2025, following order was passed by this Court:- "1.

On the previous date of hearing i.e. on 11.02.2025, following order was passed:- "The allegation of the complainant in these cases is that an amount of Rs. 9,60,000/- has been transferred from her account, to the accounts of the accused persons, who have defrauded the complainant. Learned State counsel has filed status report by way of affidavit of Mr. Jasjyot Singh, PPS, DSP Jagraon, District Ludhiana (Rural), dated 10.02.2025 (in CRM-M-2314-2025), and submits that the same be also read as reply for all the connected cases. Status report is taken on record and copies thereof have been supplied to learned counsel for the petitioner(s). Office to tag the same at appropriate place. As per the status report dated 10.02.2025, the actual amount with which the complainant has been defrauded is Rs.5,58,420/- and not Rs.9,60,000/-. The amount shown to be shared by all the accused, as detailed in para No. 4 of the status report, is reproduced herebelow:

"4.

That the detail of account no., name of accused, amount deposited fraudulently in the account of the accused are given below:- Account No.

Name of accused Amount i) 201004774366 IndusInd Bank Pankaj Aggarwal Rs. 10,100//- ii) 911010059957441 Bunty s/o Umesh Chand Rs. 1,40,702/- iii) 911010059957441 Krishan Kumar Mittar Rs. 50,000/- iv) 911010059957441 Parkash s/o Varinder Singh Rs. 20,200/- v) 101510100102828 Dhiraj Kumar Rs. 3,51,950/- vi) 50100214921512 Suresh Chand Yadav Rs. 40,300/- vii) 51820100007922 Santosh s/o Anuj Rs. 43,430/- viii) 49560100008436 Rajesh Diwakar Rs. 34,340/- ix) 881032412659 Jatindra Singh (Petitioner) Rs. 18,000/- x) 06392191001466 Jaskaran Rs. 10,100/- xi) CSP096338 Pankaj s/o Bal Krishan Rs. 30,000/- xii) 9897201800 Sarafraj Ahmad Rs. 30,300/-"

- 3 - Adjourned to 11.03.2025.

It will be open for the petitioners in all the cases, to firstly return whatever amount has been credited in their respective accounts, as per the police investigation.

A photocopy of this order be placed on the files of all the connected case."

Today, a written request for adjournment has been circulated on behalf of the petitioner(s), in all the cases. Learned State counsel informs the Court that in compliance to the direction passed by this Court, no amount has been deposited by the petitioners, till date.

List again on 20.03.2025.

To be shown in the urgent list.

A photocopy of this order be placed on the files of other connected cases.

Today, counsel for the petitioners submits that as per the order dated 11.03.2025, whatever amount is reflecting in the table qua each of the petitioner, demand drafts in that regard, have been prepared, and the petitioners in all the three petitions are ready to hand over the said demand drafts to the Investigating Officer within a period of one week from today. Further submits that the petitioners would not have any objection, if said three demand drafts are further handed over by the Investigating Officer to the complainant/victims for its encashment. Upon doing so, the petitioners request to be allowed to join the investigation in the present case. Details of the said demand drafts are mentioned as under:- (i) Demand draft bearing No.501221 dated 04.04.2025, amounting to Rs.34,340/-, by Rajesh Diwakar in CRM-M-65161-2024. (ii) Demand draft bearing No.694245 dated 01.01.2025, amounting to Rs.18,000/- by Jitendra Singh in CRM-M-2314-2025. (iii) Demand draft bearing No.694246 dated 01.01.2025, amounting to Rs.10,100/- by Jaskaran in CRM-M-65173-2024.

Photocopy of the said demand drafts is produced in the Court, and is taken on record.

List again on 12.05.2025.

In the meanwhile, petitioners are directed to join the investigation within two weeks from today, and in the eventuality of the arrest, petitioners would be released on interim bail, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioners shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). Besides, it is directed that petitioners would hand over their passport to the Investigating Agency or to Court concerned, if they possess. Otherwise, would submit an affidavit, disclosing the fact that they do not possess any passport.

It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court. 8.

However, it is clarified that the demand drafts, which are yet to be handed over to the Investigating Officer as per the aforementioned terms, would be forwarded to the complainant for encashment. Nevertheless, the payment made by the petitioners to the complainant will be subject to the final decision of the present cases.

A photocopy of this order be placed on the files of other connected cases. IN CRM-M-7016-2025 1.

In the present anticipatory bail petition, on 06.02.2025, following order was passed by this Court:- "1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner FIR No.

Date Section(s) Police Station District (s)

- 4 - Santosh, aged about 35 years 09.09.2022 420 and 120B of IPC, City Jagraon Ludhiana Learned counsel for the petitioner, inter alia, contends that allegation against the petitioner is that in the company of the other associates, he has mischievously transferred the amount, in the bank account from the joint account of the complainant namely Harjot Kaur Grewal and Gurinder Pal Singh Grewal, bearing account No.91101005957441 in Axis Bank, B/o Tehsil Road, Jagraon, District Ludhiana.

As per the allegations, Rs.43,430/- has been credited in the account of the petitioner, bearing account No.51820100007922, and counsel for the petitioner submits that the bail petition, bearing No.CRM-M-2314-2025 filed by the other co-accused, is posted for hearing for 11.02.2025, and there being no offence made out against the petitioner, he deserves the concession of anticipatory bail.

Notice of motion.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions, and to file status report in the matter. Adjourned to 11.02.2025.

To be taken up along with CRM-M-2314-2025.

Let a comprehensive status report be filed by learned State counsel, qua all the accused, those who are the petitioners before this Court, on the next date of hearing, specifying therein the amount transferred in their bank accounts, and the evidence available in support of it." After filing of the status report and the submission of complete details regarding the amount debited from the complainant's account and subsequently credited to the accounts of the accused persons, including the petitioner, on 11.02.2025, following order was passed by this Court:- "The allegation of the complainant in these cases is that an amount of Rs. 9,60,000/- has been transferred from her account, to the accounts of the accused persons, who have defrauded the complainant. Learned State counsel has filed status report by way of affidavit of Mr.

Jasjyot Singh, PPS, DSP Jagraon, District Ludhiana (Rural), dated 10.02.2025 (in CRM-M-2314-2025), and submits that the same be also read as reply for all the connected cases. Status report is taken on record and copies thereof have been supplied to learned counsel for the petitioner(s). Office to tag the same at appropriate place.

As per the status report dated 10.02.2025, the actual amount with which the complainant has been defrauded is Rs.5,58,420/- and not Rs.9,60,000/-. The amount shown to be shared by all the accused, as detailed in para No. 4 of the status report, is reproduced herebelow: "4.

That the detail of account no., name of accused, amount deposited fraudulently in the account of the accused are given below:- Account No.

- 5 - (Petitioner) x) 06392191001466 Jaskaran Rs. 10,100/- xi) CSP096338 Pankaj s/o Bal Krishan Rs. 30,000/- xii) 9897201800 Sarafraj Ahmad Rs. 30,300/-"

Adjourned to 11.03.2025.

It will be open for the petitioners in all the cases, to firstly return whatever amount has been credited in their respective accounts, as per the police investigation.

A photocopy of this order be placed on the files of all the connected case."

Today, counsel for the petitioner submits that petitioner is ready to deposit the amount of Rs.43,430/- through demand draft No.497186, dated 27.03.2025, which has already been prepared. The petitioner will hand over the demand draft to the concerned Investigating Officer within a period of one week from today. Upon doing so, the petitioner requests to be allowed to join the investigation in the present case.

Photocopy of the said demand draft is produced in the Court and is taken on record.

List again on 12.05.2025.

In the meanwhile, petitioner is directed to join the investigation within two weeks from today, and in the eventuality of the arrest, petitioner would be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 8.

However, it is clarified that the demand draft, which is yet to be handed over to the Investigating Officer as per the aforementioned terms, on doing so, same would be forwarded to the complainant for its encashment by the Investigating Officer/Court concerned. Nevertheless, the payment made by the petitioner to the complainant will be subject to the final decision of the case." Learned counsel for the petitioners further contend that, in compliance with the orders dated 08.04.2025 and 04.04.2025 passed by this Court, the petitioners have already joined the investigation and have duly complied with the directions issued therein. They submit that the petitioners are also willing to continue their cooperation to the investigating agency as and when required.

Additionally, counsel submit that, with respect to the claims raised in each case (as specifically detailed below), the respective amounts have already been paid through demand drafts. The details are as follows:

- 6 - (i) CRM-M-2314-2025:- It is informed that a claim of Rs.18,000/- was raised against petitioner - Jitendra Singh, and the same has been deposited via demand draft. (ii) CRM-M-65161-2024:- It is informed that a claim of Rs.34,340/- was raised against petitioner - Rajesh Diwakar, and the same has been deposited via demand draft. (iii) CRM-M-65173-2024:- It is informed that a claim of Rs.10,100/- was raised against petitioner - Jaskaran, and the same has been deposited via demand draft.

(iv) CRM-M-7016-2025:- It is informed that a claim of Rs.43,430/- was raised against petitioner - Santosh, and the same has been deposited via demand draft.

On the other hand, learned State counsel is unable to confirm the payment of Rs.43,430/- in CRM-M-7016-2025. However, taking into account the earlier orders of this Court and the fact that similar payments have been made by other similarly situated petitioners, the State counsel does not raise any objection.

However, it is clarified that if the assertion made by the counsel for the petitioner in CRM-M-7016-2025-regarding the payment of Rs.43,430/- by Santosh-is later found to be false, the respondent-State shall be at liberty to file an appropriate application for cancellation of bail and shall also be free to take necessary action in accordance with law. As far as the petitioners in CRM-M-2314-2025, CRM-M65161-2024, and CRM-M-65173-2024 are concerned, learned State counsel affirms the submissions made by learned counsel for the petitioners and submits that custodial interrogation of these petitioners is not required at this stage for the purpose of investigation.

Heard learned counsel for the parties.

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Since the petitioners have already joined the investigation and complied with the directions passed by this Court in all cases, as per the orders dated 08.04.2025 and 04.04.2025, and considering that their custodial interrogation is not sought, the present petitions are allowed. Accordingly, the ad-interim orders dated 08.04.2025 and 04.04.2025 are hereby made absolute.

However, the petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 482(2) of BNSS, 2023.

Besides, it is directed that petitioners would hand over their passport to the Investigating Agency or to Court concerned, if they possess. Otherwise, would submit affidavits, disclosing the fact that they do not possess any passport.

It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court. 10.

Petitions stand disposed of accordingly.

Photocopy of this order be placed on the file of other connected cases.

(SANJAY VASHISTH) JUDGE May 12, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No