CRM-M-14629-2025 (O&M) -1- 108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.14629 of 2025 (O&M) Date of decision: 09.07.2025 Firoz ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Samay Singh Sandhawalia, Advocate for the petitioner. Mr. Kiran Pal Singh, AAG, Haryana for the respondent. Mr. Vinay Arya, Advocate for the complainant. **** MAHABIR SINGH SINDHU, J. Second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail pending trial to the petitioner in FIR No.193 dated 17.11.2024, under Sections 316(2), 318(4), 351(2), 303(2) & 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Pratap Nagar, District Yamuna Nagar. GAGANDEEP 2025.07.10 14:28 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-14629-2025 (O&M) -2- (2) Custody Certificate dated 03.07.2025 of the petitioner has been produced and which is taken on record. Copy thereof supplied to the opposite side. Registry to tag the same at appropriate place. (3) Allegations are that petitioner, in connivance with other co- accused, duped de facto complainant to the tune of Rs.2.5 lakh by dishonestly disposing off his property. (4) Contends that petitioner was arrested in the present case on 25.12.2024 and after remaining in custody for three months, he was granted interim bail by this Court vide order dated 27.03.2025. Again contends that in pursuance of the aforesaid order, petitioner is regularly appearing before learned trial Court and he never misused the interim concession; nor there is allegation that he is likely to hamper the proceedings in any manner. Further contends that now the matter has been amicably settled between the parties i.e. petitioner as well as de facto complainant and a Quashing Petition bearing No.CRM-M-11200-2025 (P-1B) on the basis of compromise dated 11.02.2025 is also pending before this Court. Also contends that final report under Section 193 of BNSS is yet to be presented before the Court of competent jurisdiction; thus, trial will take sufficient long time. (5) The above factual position is duly acknowledged by learned Counsel for de facto complainant. (6) Even learned State Counsel is not able to dispute the above factual position. GAGANDEEP 2025.07.10 14:28 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-14629-2025 (O&M) -3- (7) Heard learned Counsel for the parties and perused the paper- book. (8) This Court, on 27.03.2025, granted interim bail to the petitioner in following manner:- “Contends, inter alia, that matter has been amicably settled between the parties i.e. petitioner as well as de facto- complainant-Krishan Lal. Learned counsel for de facto-complainant acknowledges the factum of compromise. Per contra, learned State counsel seeks time to verify the above factual position. Posted for 21.05.2025. In the meanwhile, petitioner be released on interim bail in the present case, till the next date of hearing, on furnishing adequate bail and surety bonds subject to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned.” (9) It is not in dispute that petitioner remained in custody for about three months and final report under Section 193 of BNSS is yet to be presented before the Court of competent jurisdiction; thus, conclusion of trial is likely to take sufficient long time. (10) Also noteworthy that now the matter has been amicably settled between the parties i.e. petitioner as well as de facto complainant and a Quashing Petition bearing No.CRM-M-11200-2025 (P-1B) on the basis of compromise is also pending before this Court. (11) Learned State Counsel has duly acknowledged that petitioner is regularly appearing before learned trial Court and there is no allegation that GAGANDEEP 2025.07.10 14:28 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-14629-2025 (O&M) -4- in case interim bail is made absolute, he is likely to misuse the concession or hamper the proceedings in any manner. As a result thereof, sending the petitioner to custody at this stage would not serve any purpose. (12) Consequently, present petition is allowed. Interim bail granted to the petitioner, vide order dated 27.03.2025, is made absolute. He shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. (13) Petitioner shall appear on each & every date of hearing and to fully co-operate with learned trial Court without seeking any unnecessary adjournment(s). (14) The above observations be not construed as an expression of opinion on the merits of the case. (15) It is clarified that in case there is any misuse of concession of bail on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. (16) Disposed off accordingly. Pending application(s), if any, shall also stand disposed off. 9th July, 2025 ( MAHABIR SINGH SINDHU ) Gagan JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No GAGANDEEP 2025.07.10 14:28 I attest to the accuracy and authenticity of this document High Court Chandigarh