Gurpreet Singh Chahal v. State Of Punjab
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Prayer in this petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita,2023 is for grant of anticipatory bail to the petitioner, who has been booked for having committed the offence punishable under Section 420 IPC, in a case arising out of FIR No.0160, dated 21.09.2024, registered at Police Station City Nawanshahar, SBS Nagar, Punjab.
Learned counsel for the petitioner submits that the allegation against the petitioner is that he received Rs.10,00,000/. (Rupees ten lacs) from complainant.Ramandeep Singh and the said amount was later transferred in the Bank account of the main accused.Ajay Gupta. By referring to the order dated 27.11.2024 (Annexure P.4),learned counsel for the petitioner submits that admittedly investigation has already been joined by the petitioner, however, on subsequent date, on account of non.appearance of the counsel for the petitioner, the anticipatory bail application was dismissed in default by the Sessions Court, hence petitioner is before this Court. Notice of motion.
Mr. P.S. Bhandari, AAG.cum.PP, Punjab, accepts notice on behalf of respondent.State. He does not dispute the factum of joining of investigation by the petitioner as pointed out by the counsel for the petitioner during his submissions, however, learned State counsel submits that the amount is yet to be recovered.
List on 27.02.2025.
In the meanwhile, petitioner is directed to join the investigation as and when required to do so by the Investigating Agency.
In the event of his arrest, the petitioner shall be released on ad.interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall be abide by all the conditions laid down under Section 438(2), Cr.PC. Besides, petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the country, he would seek prior permission from the Investigating Agency/concerned Court. 6
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- "Present: None for applicant.accused.
Sh. Ashok Kumar, Addl. Public Prosecutor for State. Sh. Suresh Kataria, Advocate, counsel for the complainant Today, again none has come present on behalf of applicant.accused, despite repeated calls.
Applicant.accused has already joined the investigation and statement of ASI Surinder Kumar No.58/BSN, was recorded in this regard on 21.11.2024, when also none had appeared on behalf of applicant.accused.
The bail application is therefore, dismissed in default for non.prosecution, without prejudice, however, to compliance, by the investigating agency with the directions, issued by the Hon'ble Apex Court in the case "Arnesh Kumar Vs. State of Bihar"2014 8 SCC 273.
File be consigned to record room.
Date or order:27.11.2024 Priya Sood Sessions Judge, SBS Nagar UID No.PB00065."
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