CRM-M-4527-2025 and CRM-M-6166-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 208 CRM-M-4527-2025 Balpreet Singh @ Babal Sharda …...Petitioner Versus State of Punjab …...Respondent 208-2 CRM-M-6166-2025 Sukhjinder Singh …...Petitioner Versus State of Punjab …...Respondent Decided on: 21.05.2025 CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Manish Kumar Singla, Advocate for the petitioner(s) (in both cases) Mr. Manjinder Singh Bullar, DAG, Punjab. **** SANJAY VASHISTH, J. 1. The aforementioned petitions are being disposed of by way of a common order, as they arise out of the same FIR. 2. The present petitions have been filed by Babalpreet Singh @ Babal Sharda (petitioner in CRM-M-4527-2025) and Sukhjinder Singh(petitioner in CRM-M-6166-2025) under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking anticipatory bail in case FIR No.305 dated 12.12.2024, under Sections 420, 120-B IPC, registered at Police Station Kharar, District SAS Nagar Mohali. RASHMI 2025.05.21 18:07 I attest to the accuracy and integrity of this document CRM-M-4527-2025 and CRM-M-6166-2025 2 3. When CRM-M-4527-2025, filed by petitioner-Babalpreet Singh @ Babal Sharda came up for consideration before this Court on 27.01.2025, the following order was passed: “1. Present petition has been filed by the petitioner, for grant of anticipatory bail, in case bearing FIR No.305, dated 12.12.2024, under Sections 420, 120-B of IPC, registered at Police Station Kharar, District SAS Nagar. 2. Counsel for the petitioner contends that the complainant namely Subhash Chand Goyal had paid an amount of Rs.20 lacs to Sukhjinder Singh on being asked by the co-accused Anmol. Subsequently, the said amount was shared by the bua of Anmol, namely Teena, and Rs.5 lacs was retained by the Anmol himself. 3. Counsel for the petitioner further submits that these facts are revealed out of the inquiry which was conducted by one DSP Traffic, Mohali, and the said facts can be verified by learned State counsel, also. 4. He also submits that it is neither the case of the complainant nor of the prosecution agency, that any amount has been credited to the account of the petitioner, or he has received the same in cash, or there was any demand at the instance of the petitioner. Only fault attributed to the petitioner is that at one point of time, he was accompanying Sukhwinder @ Sukhjinder Singh, to whom the complainant had handed over the amount. Even, the case of the prosecution till now, is not that Sukhwinder @ Sukhjinder Singh had retained the amount with himself. Thus, involvement of the petitioner is only on imaginary basis, as he was accompanying Sukhwinder @ Sukhjinder Singh. Moreover, the petitioner is ready to join the investigation, as and when required. 5. Notice of motion. 6. On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts an appearance on behalf of the respondent/State. 7. List again on 27.03.2025, to enable learned State counsel to file status report in the matter. 8. In the meanwhile, the 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 also abide by all the conditions laid down under Section 482(2) of the BNSS, 2023. 9. 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.” 4. Subsequently, CRM-M-6166-2025, filed by co-accused, namely Sukhjinder Singh, was listed for hearing on 03.02.2025 While granting the concession of ad-interim bail, this Court passed the following order: RASHMI 2025.05.21 18:07 I attest to the accuracy and integrity of this document CRM-M-4527-2025 and CRM-M-6166-2025 3 “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 (s) FIR No. Date Section(s) Police Station District Sukhjinder Singh 305 12.12.2024 420, 120-B IPC Kharar SAS Nagar Mohali 2. Learned counsel for the petitioner, inter alia, contends that only role of the petitioner which in fact, can be said to be a mistake committed by him is that, on asking of the main beneficiaries i.e. Anmol @ Ashu Sharma and Jyoti @ Teena, he received the amount of Rs.20 lacs, which was handed over to him by the complainant Subhash Chand Goyal. Further submits that even as per the case of the prosecution, complete amount has been shared as Rs.5 lacs and Rs.15 lacs respectively, by the co-accused namely Anmol @ Ashu Sharma and Teena @ Jyoti. Petitioner has not gained even a single penny. 3. He points out that the co-accused namely Babalpreet Singh @ Babal Sharda has already been granted the concession of interim anticipatory bail by this Court, vide its order dated 27.01.2025, passed in CRM-M-4527-2025 (Annexure P-1). Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. 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, in case of necessity, to file status report. 6. Adjourned to 27.03.2025. To be heard along with CRM-M-4527-2025. 7. In the meanwhile, the 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 also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, the 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. 5. Learned counsel for the petitioners submits that in compliance of orders dated 27.01.2025 and 03.02.2025 passed by this Court, the petitioners have joined the investigation, and have fully co- RASHMI 2025.05.21 18:07 I attest to the accuracy and integrity of this document CRM-M-4527-2025 and CRM-M-6166-2025 4 operated. It is further submitted that custodial interrogation of the petitioners is not warranted. In view of the petitioners cooperation and the nature of evidence involved, it is prayed that the interim protection granted earlier be confirmed and the petitions for anticipatory bail be allowed. 6. Learned State counsel, on instructions, submits that, as of now, custodial interrogation of the petitioners is not required. However, it is submitted that the petitioners be directed to rejoin the investigation as and when required by the Investigating Officer. It is further clarified that in the event of non-cooperation or failure to join the investigation when called upon, the petitioners shall not be entitled to claim the benefit of anticipatory bail. 7. After going through the paper-book and hearing learned State counsel, and upon perusal of the allegations levelled in the FIR as well as the issues highlighted during the course of hearing, and taking into consideration the fact that the petitioners have joined the investigation and have extended full cooperation, and that custodial interrogation is not required as of now, this Court deems it appropriate to allow the present petitions. Accordingly, the prayer for anticipatory bail is accepted. The interim orders dated 27.01.2025 and 03.02.2025 are hereby made absolute. Petitions thus, allowed. 8. However, the petitioners shall continue to join the investigation as and when required by the Investigating Officer and shall abide by all the terms and conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023). RASHMI 2025.05.21 18:07 I attest to the accuracy and integrity of this document CRM-M-4527-2025 and CRM-M-6166-2025 5 It is further clarified that in the event the petitioners fails to join or rejoin the investigation despite service of due notice by the Investigating Officer, it shall be open to the prosecution to seek cancellation of the anticipatory bail. 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. 9. Accordingly, petitions stand disposed of. 10. A photocopy of this order be placed on the file of another connected case. (SANJAY VASHISTH) JUDGE May 21, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.05.21 18:07 I attest to the accuracy and integrity of this document