CRM-M-8087-2025 -1- 211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8087-2025 Date of decision: 25.03.2025 BIMAL KUMAR BENGANI ...PETITIONER VERSUS STATE OF PUNJAB AND ANR. ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vikas Kumar Dhariwal, Advocate for the peoner. Mr. Sukhdev Singh, AAG, Punjab. Mr. Amarpreet Singh, Advocate for respondent No.2. **** ANOOP CHITKARA, J. (ORAL) Petition for Anticipatory Bail under Section 482 BNSS FIR No. Dated Police Staon Secons 80 31.05.2019 Kotwali Bathinda, District Bathinda 420, 506 IPC 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail for second me. 2. Replicaon on behalf of the peoner has been handed over in the Court today and the same is taken on record. Copy thereof has been supplied to the counsel opposite. 3. The peoner whose first bail applicaon was rejected on merits on the grounds of not complying with the order of this Court has come up before this Court in the second me a9er two and a half years. 4. Counsel for the complainant opposes the bail on the ground that the second bail applicaon is not maintainable. 5. State counsel also opposes the bail on the same ground. 6. Counsel for the peoner submits that the total amount which was allegedly involved was Rs.40 lacs. Rs.1 lac was paid even prior to the FIR and Rs.39 lacs was paid in the interregnum by co-accused to the complainant. Renu Bala 2025.03.28 11:12 I attest to the accuracy and integrity of this document CRM-M-8087-2025 -2- 7. Counsel for the complainant does not dispute the receipt of the amount but states that the money was paid by the co-accused and not by the peoner. 8. However, counsel for the peoner could not explain the maintainability of the second bail peon and reasons for filing second peon a9er a lapse of period of two and a half years. 9. Faced with this situaon, counsel for the peoner seeks permission to withdraw the present peon with liberty to surrender before the concerned Court and prayed that concerned Court be directed to release the peoner on interim bail ll the disposal of his bail peon. 10. Given above, peon is disposed of as withdrawn with the following instrucons:- (i) There should be stay of arrest of the peoner ll 14.04.2025 at 11:00 AM. (ii) Peoner is permi@ed to surrender before the concerned Court on or before 14.04.2025 at 11:00 AM and to file applicaon for regular bail. In the event of his surrendering and filing of bail applicaon before the concerned Court, the concerned Court to release him on interim bail ll the pendency of his bail peon. It is clarified that if the peoner does not appear before the concerned Courts ll 14.04.2025 at 11:00 AM, then the present order stands recalled automacally under Secon 403 of BNSS 2023. It is further clarified that concerned Court shall decide the bail peon, if any filed, on its own merits without being influenced by the order passed by this Court or Co-ordinate Bench while rejecng his earlier peon. Pending applicaons, if any, stand disposed of. 25.03.2025 ( ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned: Yes Whether reportable: No Renu Bala 2025.03.28 11:12 I attest to the accuracy and integrity of this document