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High Court of Punjab and Haryana · body

2025 DAILYLAW 57367 (PNJ)

SATPAL v. STATE OF HARYANA AND ANR

CRM-M/26276/2025 · 2025-08-04

Sanjay Vashisth

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-26276-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 213 CRM-M-26276-2025 Date of decision: 04.08.2025 SATPAL ....Petitioner Versus STATE OF HARYANA AND ANR ...Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Chirag Kundu, Advocate for the petitioner. Mr. Pawan Kumar Jhanda, DAG, Haryana. SANJAY VASHISTH. J.(Oral) 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Satpal, aged about 62 years 0008 02.05.2022 120-B, 177, 181, 417, 468, 471 of IPC Anti Corruption Bureau, Karnal Karnal 2. On 14.05.2025, following order was passed:- “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Satpal, aged about 62 years 0008 02.05.2022 120-B, 177, 181, 417, 468, 471 of IPC Anti Corruption Bureau, Karnal Karnal AMANDEEP GOSAIN 2025.08.04 19:17 I attest to the accuracy and integrity of this order/judgment CRM-M-26276-2025 - 2- 2. Learned counsel for the petitioner, inter alia, contends that even if the allegations levelled in the FIR are taken at face value, petitioner never commenced operations of the New Multipurpose Health Worker Training Institute, for which the licence had been granted. No students were ever admitted, and the institute never became functional. In fact, petitioner voluntarily surrendered the said licence after a period of one year (Annexure P-4), and simultaneously, requested the return of security deposit amounting to Rs.25 lakhs. However, despite this request, the said amount continues to remain with the licensing authority of the State. 3. It is also submitted that petitioner is, in fact, facing undue victimisation due to the non-release of the deposited security amount, and is now being subjected to criminal proceedings through the registration of the impugned FIR. The case of the prosecution rests entirely on documentary evidence, and as such, custodial interrogation of the petitioner is not warranted. Moreover, he submits that petitioner is willing to join the investigation. Thus, petitioner prays for the grant of anticipatory bail in the present case. 4. Notice of motion. 5. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 6. Adjourned to 04.08.2025. 7. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he AMANDEEP GOSAIN 2025.08.04 19:17 I attest to the accuracy and integrity of this order/judgment CRM-M-26276-2025 - 3- possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.” 3. Learned counsel for the petitioner contends that in compliance of the order dated 14.05.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 4. Learned State counsel on instructions from the Investigating Officer, confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation. 5. Heard learned counsel for the parties. 6. Since the petitioner has joined the investigation, custodial interrogation is no more required, present petition is allowed and ad-interim order dated 14.05.2025, passed by this Court is hereby made absolute. However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 7. Accordingly, petition stands disposed of. (SANJAY VASHISTH) 04.08.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.08.04 19:17 I attest to the accuracy and integrity of this order/judgment