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CRM-M-8127-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 CRM-M-8127-2025 Decided on: 24.04.2025 Rupesh Singla …...Petitioner Versus State of Punjab …...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Azam Khan, Advocate for the petitioner. Mr. Amandeep Singh, DAG, Punjab.
**** SANJAY VASHISTH, J.
1. Prayer in this petition, filed under Section 482 of the BNSS, 2023, 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
of Petitioner (s) FIR No. Date Section(s) Police Station District Rupesh Singla 109 05.08.2024 465, 468 and 471 IPC City Sunam Sangrur
2. On 13.02.2025, following order was passed:-
“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 and age
of petitioner(s) FIR No. Date Section(s) Police Station District Rupesh Singla, Age about 45 years 109 05.08.2024 465, 468 and 471 of IPC City Sunam District Sangrur
2.
Learned counsel for the petitioner, inter alia, contends that though petitioner has been named in the FIR being brother RASHMI 2025.04.24 19:12 I attest to the accuracy and integrity of this document
CRM-M-8127-2025 2 of the main accused - Rajiv Singla, who in fact is the member of the society, but petitioner has no role in the affairs of the said society. Further submits that neither the petitioner is member of the society, nor there is any active role attributed to him in the FIR. Thus, having no interest in the affairs of the society, there cannot be any reason for the petitioner to commit any crime i.e. fraud, which is alleged in the present case. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.
3. Notice of motion.
4. On advance notice, learned State counsel 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.
5. Adjourned to 09.04.2025.
6. 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.).
7. 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. ”
3.
Learned counsel for the petitioner contends that in compliance of the order dated 13.02.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated.
4. Learned State counsel has filed status report by way of affidavit of Harvinder Singh PPS, Deputy Superintendent of Police, Sub Division Sunam, District Sangrur on behalf of respondent/State, in Court today. Same is taken on record. Registry is directed to tag the same at appropriate place with the paper book. Learned State counsel on instructions, confirms the factum of joining of investigation and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation.
5. Heard learned counsel for the parties. RASHMI 2025.04.24 19:12 I attest to the accuracy and integrity of this document
CRM-M-8127-2025 3
6. Since the petitioner has joined the investigation and custodial interrogation is no more required, present petition is allowed and interim order dated 13.02.2025, passed by this Court is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 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.
7. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) JUDGE April 24, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.04.24 19:12 I attest to the accuracy and integrity of this document