CRM-M-1060-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 209 CRM-M-1060-2025 (O&M) Date of Decision: 03.03.2025 Lakhwinder Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Jaskirat Singh Dhaliwal, Advocate for the petitioner. Ms. Manjot Kaur, AAG, Punjab. Mr. Manpreet Singh, Advocate for the complainant. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No. 22 dated 17.02.2024, under Sections 420, 465, 468, 471 and 120-B of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 13 of Punjab Travel Professionals (Regulations) Act, 2014, registered at Police Station Kotbhai, District Sri Muktsar Sahib, Punjab. 2. Allegations are that petitioner in connivance with co-accused cheated complainant to the tune of Rs.19 lakh approximately, on pretext of sending his son abroad, but failed to do so. 3. Contends that petitioner was granted interim bail by this Court, vide order dated 13.01.2025 and in pursuance thereof, he has already joined the investigation; hence, his custodial interrogation is not required. Also Rajeev Purohit 2025.03.04 18:48 I attest to the accuracy and integrity of this document CRM-M-1060-2025 2 contends that now matter has been amicably settled between the parties i.e petitioner as well as de facto complainant. 4. The above factual position is not disputed by learned State Counsel, on instructions from ASI Gurtej Singh and submits that his custodial interrogation is not required. Learned Counsel for the complainant also acknowledged the factum of settlement. 5. Heard learned counsel for the parties and perused the paper- book. 6. It transpires that petitioner was granted interim bail by this Court, vide order dated 13.01.2025 and the order reads as under:- “Contends, inter alia, that matter has been amicably settled between the parties i.e. petitioner and de facto complainant. Notice of motion. Mr. Kunwarbir Singh, learned Asstt.A.G., Punjab accepts notice on behalf of the respondent-State and seeks time to have instructions and/or to file written response in the matter. Posted for 22.01.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.” 7. It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and his custodial interrogation is not required. 8. In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 13.01.2025 is made absolute subject to the conditions as envisaged under Section 482(2) of BNSS. Rajeev Purohit 2025.03.04 18:48 I attest to the accuracy and integrity of this document CRM-M-1060-2025 3 9. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 10. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 11. It is also clarified that in case of any recurrence on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 03.03.2025 (MAHABIR SINGH SINDHU) Rajeev (rvs) JUDGE Whether speaking/reasoned Yes Whether reportable No Rajeev Purohit 2025.03.04 18:48 I attest to the accuracy and integrity of this document