218 IN THE HIGH COURT OF PUNJAB AND HARYANA BIKRAMJIT SINGH STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR 1. Instant petition is preferred under Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.93 dated 19.07.2024 under Sections 420 & 120 Penal Code, 1860 and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, registered at Police Station Chattiwind, District Amritsar. 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH BIKRAMJIT SINGH V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. B.S. Jaswal, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) Instant petition is preferred under Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.93 dated 19.07.2024 under Sections 420 & 120 Penal Code, 1860 and Section 13 of Punjab Travel Professionals (Regulation) 4, registered at Police Station Chattiwind, District Amritsar. On 07.03.2025, 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 19.07.2024 under Sections 420 & 120 Penal Code, 1860 and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, registered at Police Station Chattiwind, District Amritsar. Learned counsel for the petitioner, inter contends that there is delay of 03 years in registration of FIR (supra). In fact, wife of the petitioner is the culprit. The petitioner was serving in Indian Army and even he is victim of his wife’s dealings and she has misappropriated the sale consideration of house of the petitioner, which was IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12927-2025 Date of decision: 04.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.93 dated 19.07.2024 under Sections 420 & 120-B of the Indian Penal Code, 1860 and Section 13 of Punjab Travel Professionals (Regulation) 4, registered at Police Station Chattiwind, District Amritsar. , 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.93 dated 19.07.2024 under Sections 420 & 120-B of the Indian Penal Code, 1860 and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, registered at Police Station Chattiwind, District Amritsar. Learned counsel for the petitioner, inter alia, contends that there is delay of 03 years in registration of FIR (supra). In fact, wife of the petitioner is the culprit. The petitioner was serving in Indian Army and even he is victim of his wife’s dealings and she has misappropriated deration of house of the petitioner, which was MANISHA 2025.04.04 18:28 I attest to the accuracy and authenticiy of this order/judgment CRM-M-12927 3. Learned State counsel submits that in compliance of order dated petitioner has joined the investigation 12927-2025 2 sold under her pressure. Further, the maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07 years. The petitioner is having clean antecedents and is not i case. Notice of motion for 04.04.2025. 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 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, directed to appear before Inves 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 Procedure, 1973). 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 Co 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 accordance with law.” Learned State counsel, on instructions from submits that in compliance of order dated 07.03.2025 petitioner has joined the investigation and is not required for further custodial sold under her pressure. Further, the maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07 years. The petitioner is having clean antecedents and is not involved in any other Notice of motion for 04.04.2025. 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 nvestigating/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 ing 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 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 ASI Balwinder Lal, 07.03.2025 passed by this Court, the and is not required for further custodial MANISHA 2025.04.04 18:28 I attest to the accuracy and authenticiy of this order/judgment CRM-M-12927 interrogation. 4. Keeping in view the statement made by learned the order dated 07.03.2025 terms and conditions enumerated in Section Section 438(2) Cr.P.C.) 5. The petition is accordingly disposed of. 6. Nothing observed herei 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. April 04, 2025 manisha (i) (ii) 12927-2025 3 Keeping in view the statement made by learned the order dated 07.03.2025, is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 482(2) BNSS, 2023 (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 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. nabove 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 HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.04 18:28 I attest to the accuracy and authenticiy of this order/judgment