202 IN THE HIGH COURT OF PUNJAB AND HARYANA SANJEEV KUMAR STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Mr. Rishabh Singla, AAG, Punjab. HARPREET SINGH BRAR 1. Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.91 dated 17.11.2024 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) Code, 1860 (for short ‘IPC’)] SBS Nagar. 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SANJEEV KUMAR V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. H.S. Chaddha, Advocate for the petitioner. Mr. Rishabh Singla, AAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.91 dated 17.11.2024 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [erstwhile Secti Code, 1860 (for short ‘IPC’)], registered at Police Station City Banga, District On 06.03.2025, following order was passed: “Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, ‘BNSS’) seeking anticipatory bail in FIR No.91 dated 17.11.2024 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [erstwhile Section 306 of the Indian Penal Code, 1860 (for short ‘IPC’)], registered at Police Station City Banga, District SBS Nagar. Learned counsel for the petitioner, inter alia, contends that the petitioner is running a registered investment business and deceased husband of the complainant made investment with him. As per the case set up by the prosecution, the petitioner refused to meet IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12508-2025 Date of decision: 05.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.91 dated 17.11.2024 under Section 108 of the Bharatiya Nyaya [erstwhile Section 306 of the Indian Penal , registered at Police Station City Banga, District , following order was passed: Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.91 dated 17.11.2024 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) [erstwhile Section 306 of the Indian Penal Code, 1860 (for short ‘IPC’)], registered City Banga, District SBS Nagar. Learned counsel for the petitioner, inter alia, contends that the petitioner is running a registered investment business and deceased husband of the complainant made investment with him. As per the case set cution, the petitioner refused to meet MANISHA 2025.04.05 15:43 I attest to the accuracy and authenticiy of this order/judgment CRM-M-12508 12508-2025 2 deceased husband of the complainant. The alleged incident took place on 14.11.2024, however, the suicide note was recovered after a period of three days i.e. on 17.11.2024. Learned counsel for the petitioner refers to and submits that total investment made by deceased husband of the complainant was Rs.13,51,102/ which, he had already withdrawn more than Rs.12.00 lakhs. All the transactions of the firm are through website and no cash is either rece withdraw his money as and when he requires. The necessary ingredients to constitute the offence of abetment are clearly missing. Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, ac respondent-State and submits that there are several complaints pending against the petitioner. Even one FIR under Section 420 of IPC (now Section 318(4) of BNS) has been registered in District Ambala, Haryana. Adjourned to 05.04.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833 directed to appear before Investigating Officer within a period of two weeks from by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shal cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). deceased husband of the complainant. The alleged incident took place on 14.11.2024, however, the suicide note was recovered after a period of three days i.e. on 17.11.2024. Learned counsel for the petitioner refers to Annexure P-3 and submits that total investment made by deceased husband of the complainant was Rs.13,51,102/-, out of which, he had already withdrawn more than Rs.12.00 lakhs. All the transactions of the firm are through website and no cash is either received or paid and the investor can withdraw his money as and when he requires. The necessary ingredients to constitute the offence of abetment Notice of motion. Mr. Subhash Godara, Addl. A.G., Punjab, who is Court, accepts notice on behalf of the State and submits that there are several complaints pending against the petitioner. Even one FIR under Section 420 of IPC (now Section 318(4) of BNS) has been registered in District Ambala, Haryana. 5.04.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal MANISHA 2025.04.05 15:43 I attest to the accuracy and authenticiy of this order/judgment CRM-M-12508 3. Learned State counsel that in compliance of order dated petitioner has joined the investigation interrogation. 4. Keeping in view the statement made by learned the order dated 06.03.2025 terms and conditions enumerated in Section Section 438(2) Cr.P.C.) 5. The petition is accordingly disposed of. 6. Nothing observed hereinabove shall be construed to be an expression of opinion by th trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. April 05, 2025 manisha (i) (ii) 12508-2025 3 If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be constr an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.” Learned State counsel, on instructions from that in compliance of order dated 06.03.2025 petitioner has joined the investigation and is not required for further custodial Keeping in view the statement made by learned the order dated 06.03.2025, is made absolute. The petit terms and conditions enumerated in Section 482(2) BNSS, 2023 Section 438(2) Cr.P.C.) The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable If the Arresting Officer does not permit the the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in on instructions from SI Ram Lal, submits 06.03.2025 passed by this Court, the and is not required for further custodial Keeping in view the statement made by learned State Counsel, , is made absolute. The petitioner shall abide by the 482(2) BNSS, 2023 (Erstwhile The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an is Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.05 15:43 I attest to the accuracy and authenticiy of this order/judgment