IN THE HIGH COURT OF PUNJAB AND HARYANA 104 VIKRAM PADAM STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Himani Arora, A.A.G, Punjab MANISHA BATRA 1. The present petition has been filed under Section 482 of Nagarik Suraksha Sanhita, 2023 (for short of anticipatory bail in case arising out of FIR No.9 registered under Sections District SAS Nagar, Mohali. 2. As per the allegations, the petitioner complainant that he was posted as a clerk in the office of Municipal Corporation, Chandigarh. He introduced the by saying that she was posted as Chandigarh. Accused Raman Ku of them represented to the complainant that they could secure jobs for the post of Peon as well as Clerk in Municipal Corporation, Chandigarh. They induced him to pay a sum of brother as Peon and demanded a sum of complainant on the post of Clerk. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: VIKRAM PADAM Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Yoginder Nagpal, Advocate for the petitioner. Ms. Himani Arora, A.A.G, Punjab **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 482 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) of anticipatory bail in case arising out of FIR No.9 registered under Sections 406, 420, 120-B of IPC, SAS Nagar, Mohali. As per the allegations, the petitioner that he was posted as a clerk in the office of Municipal Corporation, Chandigarh. He introduced the complainant with Raman Kumari by saying that she was posted as Commissioner in Municipal Corporation, Chandigarh. Accused Raman Kumari is in fact the wife of the petitioner. Both of them represented to the complainant that they could secure jobs for the post of Peon as well as Clerk in Municipal Corporation, Chandigarh. They induced him to pay a sum of `6 lakhs each for appointment brother as Peon and demanded a sum of `10 lakh for appointing the wife of the complainant on the post of Clerk. On being so induced, the complainant paid IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.25683 of 2025 Date of decision: 12.05.2025 …. Petitioner …. Respondents MANISHA BATRA , Advocate for the petitioner. Ms. Himani Arora, A.A.G, Punjab. The present petition has been filed under Section 482 of Bharatiya ‘BNSS’) by the petitioner for grant of anticipatory bail in case arising out of FIR No.90 dated 29.06.2024 B of IPC, at Police Station Mullanpur, As per the allegations, the petitioner represented to the that he was posted as a clerk in the office of Municipal complainant with Raman Kumari Commissioner in Municipal Corporation, mari is in fact the wife of the petitioner. Both of them represented to the complainant that they could secure jobs for the post of Peon as well as Clerk in Municipal Corporation, Chandigarh. They induced 6 lakhs each for appointment of the complainant and his 10 lakh for appointing the wife of the so induced, the complainant paid Bharatiya by the petitioner for grant .2024 , sented to the that he was posted as a clerk in the office of Municipal complainant with Raman Kumari Commissioner in Municipal Corporation, mari is in fact the wife of the petitioner. Both of them represented to the complainant that they could secure jobs for the post of Peon as well as Clerk in Municipal Corporation, Chandigarh. They induced of the complainant and his 10 lakh for appointing the wife of the so induced, the complainant paid Jyoti 2025.05.12 18:06 I attest to the accuracy and integrity of this document CRM-M No.25683 of 2025 an amount of ` letters dated 28.06.2022 in the name of the complainant, his brother and his wife showing that they were appointed with Municipal Corporation, Chandigarh. They were even made to work in the office of Municipal Corporation, Chandigarh for two months and sal was transferred in their bank accounts. However, subsequently, the complainant came to know that the appointment letters so issued to them were forged and fabricated documents and they were not so appointed. On making inquiries, it was revealed that the petitioner and his wife had duped several other persons by making such false representation. On the basis of these allegations, the aforementioned FIR has been registered against the petitioner. Apprehending his arrest, the petit arrest bail which was dismissed by the Court of learned Additional Sessions Judge, SAS Nagar, Mohali vide order dated 24.03.2025. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He himself is a Municipal Corporation, Chandigarh and there is no question of his inducing the complainant or anybody else for appointing Peon or Clerk. He was not the beneficiary of any transaction. He has cle who has orchestrated the fraud nominated in the FIR whereas, the petitioner has been unnecessarily dragged. His custodial interrogation is not required. He is ready to join the inves No recovery is to be effected from him. Accordingly, it is urged that he deserves to be given benefit of anticipatory bail. M No.25683 of 2025 `40 lakhs to the petitioner and his wife who gave appointment letters dated 28.06.2022 in the name of the complainant, his brother and his wife showing that they were appointed with Municipal Corporation, . They were even made to work in the office of Municipal Corporation, Chandigarh for two months and sal was transferred in their bank accounts. However, subsequently, the complainant came to know that the appointment letters so issued to them were forged and fabricated documents and they were not so appointed. On making , it was revealed that the petitioner and his wife had duped several other persons by making such false representation. On the basis of these allegations, the aforementioned FIR has been registered against the petitioner. Apprehending his arrest, the petitioner moved an application for grant of pre arrest bail which was dismissed by the Court of learned Additional Sessions Judge, SAS Nagar, Mohali vide order dated 24.03.2025. It is argued by learned counsel for the petitioner that he has been plicated in this case. He himself is a Municipal Corporation, Chandigarh and there is no question of his inducing the complainant or anybody else for appointing Peon or Clerk. He was not the beneficiary of any transaction. He has clean antecedents. The main accused who has orchestrated the fraud is already on run and has not even been nominated in the FIR whereas, the petitioner has been unnecessarily dragged. His custodial interrogation is not required. He is ready to join the inves No recovery is to be effected from him. Accordingly, it is urged that he deserves to be given benefit of anticipatory bail. M No.25683 of 2025 - 2- 40 lakhs to the petitioner and his wife who gave appointment letters dated 28.06.2022 in the name of the complainant, his brother and his wife showing that they were appointed with Municipal Corporation, . They were even made to work in the office of Municipal Corporation, Chandigarh for two months and salary to the tune of `15,000/- was transferred in their bank accounts. However, subsequently, the complainant came to know that the appointment letters so issued to them were forged and fabricated documents and they were not so appointed. On making , it was revealed that the petitioner and his wife had duped several other persons by making such false representation. On the basis of these allegations, the aforementioned FIR has been registered against the petitioner. ioner moved an application for grant of pre- arrest bail which was dismissed by the Court of learned Additional Sessions Judge, SAS Nagar, Mohali vide order dated 24.03.2025. It is argued by learned counsel for the petitioner that he has been plicated in this case. He himself is an outsource employee in Municipal Corporation, Chandigarh and there is no question of his inducing the complainant or anybody else for appointing Peon or Clerk. He was not the an antecedents. The main accused already on run and has not even been nominated in the FIR whereas, the petitioner has been unnecessarily dragged. His custodial interrogation is not required. He is ready to join the investigation. No recovery is to be effected from him. Accordingly, it is urged that he deserves to be given benefit of anticipatory bail. 40 lakhs to the petitioner and his wife who gave appointment letters dated 28.06.2022 in the name of the complainant, his brother and his wife showing that they were appointed with Municipal Corporation, . They were even made to work in the office of Municipal - was transferred in their bank accounts. However, subsequently, the complainant came to know that the appointment letters so issued to them were forged and fabricated documents and they were not so appointed. On making , it was revealed that the petitioner and his wife had duped several other persons by making such false representation. On the basis of these allegations, the aforementioned FIR has been registered against the petitioner. - arrest bail which was dismissed by the Court of learned Additional Sessions It is argued by learned counsel for the petitioner that he has been outsource employee in Municipal Corporation, Chandigarh and there is no question of his inducing the complainant or anybody else for appointing Peon or Clerk. He was not the an antecedents. The main accused already on run and has not even been nominated in the FIR whereas, the petitioner has been unnecessarily dragged. tigation. No recovery is to be effected from him. Accordingly, it is urged that he Jyoti 2025.05.12 18:06 I attest to the accuracy and integrity of this document CRM-M No.25683 of 2025 4. Notice of motion. 5. Learned State counsel who has appeared on advance notice of the petition, is ready to argue the and serious allegations against the petitioner. For conducting through investigation in the matter and for effecting recovery of money taken by the petitioner from the complainant, his custodial interrogation otherwise, no extra ordinary or exceptional circumstance has been made out for granting him anticipatory bail. Accordingly, it is deserves to be allowed. 6. Rival submissions have been heard. 7. The petitioner by have duped the complainant of a he himself as well as his family members would get appointed for the post of Peon and Clerk in the office of further alleged to have issued forged and fabricated appointment letters for that purpose. The petitioner has placed on record annexure P account statement and has claimed that he is not the beneficiary of any transaction since no money has been credited in his account. Mere non of any money belong petitioner, does not show his innocence. The allegations are specific in nature and for conducting thorough investigati interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. The po M No.25683 of 2025 Notice of motion. Learned State counsel who has appeared on advance notice of the is ready to argue the matter and has submitted that there are special and serious allegations against the petitioner. For conducting through investigation in the matter and for effecting recovery of money taken by the petitioner from the complainant, his custodial interrogation otherwise, no extra ordinary or exceptional circumstance has been made out for granting him anticipatory bail. Accordingly, it is deserves to be allowed. Rival submissions have been heard. The petitioner by hatching conspiracy with his wife is alleged have duped the complainant of a huge amount of money he himself as well as his family members would get appointed for the post of Peon and Clerk in the office of Municipal Corporation, further alleged to have issued forged and fabricated appointment letters for that purpose. The petitioner has placed on record annexure P account statement and has claimed that he is not the beneficiary of any on since no money has been credited in his account. Mere non of any money belonging to the complainant in the bank account of the petitioner, does not show his innocence. The allegations are specific in nature conducting thorough investigation in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. The po M No.25683 of 2025 - 3- Learned State counsel who has appeared on advance notice of the matter and has submitted that there are special and serious allegations against the petitioner. For conducting through investigation in the matter and for effecting recovery of money taken by the petitioner from the complainant, his custodial interrogation is must. Even otherwise, no extra ordinary or exceptional circumstance has been made out for granting him anticipatory bail. Accordingly, it is stressed that the petition Rival submissions have been heard. hatching conspiracy with his wife is alleged to huge amount of money by representing that he himself as well as his family members would get appointed for the post of Municipal Corporation, Chandigarh and is further alleged to have issued forged and fabricated appointment letters for that purpose. The petitioner has placed on record annexure P-3 copy of his bank account statement and has claimed that he is not the beneficiary of any on since no money has been credited in his account. Mere non-credit to the complainant in the bank account of the petitioner, does not show his innocence. The allegations are specific in nature on in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. The powers of anticipatory Learned State counsel who has appeared on advance notice of the matter and has submitted that there are special and serious allegations against the petitioner. For conducting through investigation in the matter and for effecting recovery of money taken by the is must. Even otherwise, no extra ordinary or exceptional circumstance has been made out for that the petition to by representing that he himself as well as his family members would get appointed for the post of Chandigarh and is further alleged to have issued forged and fabricated appointment letters for that 3 copy of his bank account statement and has claimed that he is not the beneficiary of any credit to the complainant in the bank account of the petitioner, does not show his innocence. The allegations are specific in nature on in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the wers of anticipatory Jyoti 2025.05.12 18:06 I attest to the accuracy and integrity of this document CRM-M No.25683 of 2025 bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and gravity of the accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the sphere of investigation of an offence. Court has also to see inroad in the normal legal procedure of criminal cases by the trial Court. T custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who order under Section 482 of BNSS. exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the con allowed. Accordingly, the same is dismissed. 8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on merits of the case 12.05.2025 Jyoti-IV M No.25683 of 2025 bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and e accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the sphere of investigation of an offence. Court has also to see that an order of anticipatory bail should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. T custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of BNSS. The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is inced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on merits of the case (MANISHA Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.25683 of 2025 - 4- bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and e accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the sphere of investigation of an offence. The that an order of anticipatory bail should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. The custodial interrogation of a suspected person is qualitatively more elicitation is well ensconced with a favourable The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is inced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. sidered opinion that the petition does not deserve to be It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on merits of the case. (MANISHA BATRA) JUDGE Yes/No. Yes/No bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and e accusation, possibility of applicant fleeing from justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such The that an order of anticipatory bail should not operate as he custodial interrogation of a suspected person is qualitatively more elicitation is well ensconced with a favourable The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is inced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. sidered opinion that the petition does not deserve to be It is, however, clarified that observations made hereinabove shall Jyoti 2025.05.12 18:06 I attest to the accuracy and integrity of this document