CRM-18326-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 330 CRM-18326-2025(O&M) Decided on : 28.04.2025 JASKANWAR SINGH ......Petitioner Versus U.T. CHANDIGARH ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Harsh Chopra, Advocate and Mr. Satnam Singh, Advocate for the petitioner. Mr. Mainsh Bansal, P.P., U.T. Chandigarh. SANJAY VASHISTH, J. 1. Present petition has been filed under Section 482 BNSS, 2023, seeking anticipatory bail in case FIR No.44 dated 06.03.2025, under Sections 316(2), 318(4), 336(3), 338, 340(2), 61(2) of BNS, 2023 and Section 24 of Immigration Act, registered at Police Station Sector -36 Chandigarh. 2. Learned counsel for the petitioner argues that earlier also petitioner was made accused in FIR No. 20 dated 31.01.2025, under Sections 409, 420, 467, 468, 471 and 120-B IPC and Section 24 of Immigration Act, registered at Police Station Sector 36 Chandigarh, and while seeking anticipatory bail in said FIR, respondent/U.T. filed a reply stating therein that an amount of Rs. 53,10,000/- is found to be credited in the account of the petitioner after same being transferred by main accused namely, Manpreet Singh Khurana (accused in that case). However, dealing with the said crediting of the amount, petitioner was granted the concession of anticipatory bail by the Court of Sessions, vide its order dated 18.03.2025. RASHMI 2025.04.30 10:25 I attest to the accuracy and integrity of this document CRM-18326-2025(O&M) 2 Thus, counsel argues that in the present case, there is no direct complaint or allegation by anyone against the petitioner, of receiving the amount under the pretext of sending anyone abroad. However, co-accused Manpreet Singh Khurana (same accused) on being involved in another FIR No. 44 dated 06.03.2025, which is subsequent in time at the same police Station, again same plea has been taken by respondent/U.T. that an amount of Rs.53,10,000/- has been found deposited in the bank account of petitioner, which Manpreet Singh Khurana transferred from his account. 3. Broadly, Mr. Harsh Chopra, Advocate for the petitioner has argued that till date, neither there is any allegation by anybody nor any complaint ever moved by the so-called victim against petitioner, saying that the amount has ever been handed over or that he has ever demanded the amount under the promise of sending the person abroad. However, the transfer of the amount as disclosed by Manpreet Singh Khurana -co- accused in his disclosure statement is already a subject matter in the proceedings of FIR No. 20 dated 31.01.2025, therefore, no accusation can be held against petitioner. Thus, counsel submits that investigation qua petitioner would largely depend upon the bank records/account statements, particularly because there is no direct complaint or allegation of any private person against the petitioner. 4. In the status report filed by respondent/U.T. today in Court, again a similar allegation has been levelled, however, the amount which is described in paragraph No.7 having been transferred by Manpreet Singh Khurana in the account of petitioner is mentioned as RASHMI 2025.04.30 10:25 I attest to the accuracy and integrity of this document CRM-18326-2025(O&M) 3 Rs.62,05,000/-, qua which Mr. Bansal, P.P. , U.T. Chandigarh states that infact before the Court of Sessions, in anticipatory bail proceedings in FIR No. 20, dated 31.01.2025, it was wrongly calculated as Rs.53,10,000/, whereas, the correct calculation is Rs.62,05,000/- 5. Considering the plea addressed by both the sides and examining the status report filed today and more for the reason that despite seeking instructions again and again in the Court today from concerned Investigating officer, Mr. Manish Bansal,P.P.,U.T. Chandigarh, is unable to point out the fact that there was any private complaint moved by anyone alleging therein that petitioner ever demanded or allured for making payment of any amount to him, this Court deems it appropriate to consider the plea of anticipatory bail. Accordingly, present petition is allowed. Petitioner is directed to join the investigation within two weeks from today or as and when required by the Investigating Agency. In the event of his arrest, the petitioner shall be released on bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 6. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to the concerned Court, if he possesses one. Otherwise, would submit an affidavit, disclosing that he does not possess any passport. RASHMI 2025.04.30 10:25 I attest to the accuracy and integrity of this document CRM-18326-2025(O&M) 4 It is also directed that before leaving the country at any time during trial, petitioner would seek prior permission of the concerned Court. 7. However, it is made clear that in case petitioner does not co- operate during the course of investigation, it would be open for the prosecution to seek cancellation of bail by recalling the present order. 28.04.2025 (SANJAY VASHISTH) rashmi JUDGE Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO RASHMI 2025.04.30 10:25 I attest to the accuracy and integrity of this document