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CRM-M-12315-2025 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-12315-2025 (O&M) Date of decision: 24.04.2025
Rampal ...Petitioner
Versus State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present:- Mr. Nischal Chetanya Manchanda, Mr. Devyansh, Mr. Yogit Mehta & Mr. Saksham Kaushik, Advocates for the petitioner.
Mr. Ashok Kumar Sehrawat, DAG, Haryana for the respondent.
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MAHABIR SINGH SINDHU, J.
Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No.19 dated 06.02.2025, under Sections 406 & 420 of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Siwan, District Kaithal. (2)
Allegations are that petitioner along with co-accused cheated the de facto complainant-Raj Kumar to the tune of Rs.3.5 Lakh on the pretext of sending him abroad. GAGANDEEP 2025.04.25 18:03 I attest to the accuracy and authenticity of this document High Court, Chandigarh
CRM-M-12315-2025 (O&M)
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(3)
Learned Counsel contends that petitioner was granted interim protection by this Court, vide order dated 05.03.2025 and in pursuance thereof, he has already joined the investigation; hence, his custodial interrogation is not required. (4)
The above factual position is not disputed by learned State Counsel, on instructions from S.I. Dharshan Singh. (5)
Heard learned Counsel for the parties and perused the paper- book. (6)
It transpires that petitioner was granted interim protection by this Court, vide order dated 05.03.2025 and the same reads as under:-
“Learned Counsel, on instructions from petitioner, submits that he is inclined to settle the matter on some amicable terms with de facto complainant.
Notice of motion.
Mr. Kiran Pal Singh, learned AAG, Haryana accepts notice on behalf of the respondent; seeks time to have instructions and/or to file written response in the matter.
Posted for 24.04.2025.
In the meanwhile, petitioner shall join investigation before the Investigating Officer; but he be not arrested till the next date of hearing.”
(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 GAGANDEEP 2025.04.25 18:03 I attest to the accuracy and authenticity of this document High Court, Chandigarh
CRM-M-12315-2025 (O&M)
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is allowed; interim order dated 05.03.2025 is made absolute subject to the conditions as envisaged under Section 482 (2) of the BNSS. (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.
24th April, 2025
( MAHABIR SINGH SINDHU ) Gagan
JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
GAGANDEEP 2025.04.25 18:03 I attest to the accuracy and authenticity of this document High Court, Chandigarh