CRM-M-51373-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 101 CRM-M-51373-2025 Decided on: 06.07.2026 DEEPAK SHARMA …...Petitioner Versus STATE OF PUNJAB …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Ramneek Vasudeva, Advocate, for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. **** SANJAY VASHISTH, J. 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 Deepak Sharma, aged about 40 years 105 21.08.2025 316(4) of BNS Punjab Agriculture University Police Commissionerate, Ludhiana 2. On 12.09.2025, following order was passed:- “1. xxxxxx xxxxxx xxxxxxx 2. Learned counsel for the petitioner inter alia contends, that petitioner was deputed as Manager and overall in-charge of the “Sportking Showroom located at Hambran Road, Ludhiana”. After a complete physical stock verification conducted on 05.04.2025, an audit by the company’s audit team on LAVISHA 2026.07.06 18:55 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51373-2025 2 23.07.2025 revealed a shortage in garment stock amounting to Rs.5,45,905/- for approximately 360 pieces. Counsel for the petitioner submits that FIR which was registered at the instance of the complainant, fails to provide details such as number of employees working under the petitioner’s supervision, as to effectively absolving them, even if any employee was involved in wrongdoing. Importantly, these employees were not deputed by the petitioner but by the company itself. 3. Further submits that on a complaint moved by the petitioner, when 198 pieces were found sold without bills, a preliminary inquiry was conducted by the Additional Deputy Commissioner of Police (D), Ludhiana. However, mentioning of the fact in the FIR that, as per the inquiry and CCTV footage, petitioner was found receiving amounts in his personal bank account through Google Pay or Paytm is inconsequential, as no bank details are specified in the complaint/FIR. The complaint is based solely on suspicion arising from discrepancies in the audit process, but no concrete evidence has been presented to substantiate these allegations. 4. Furthermore, petitioner, who is aged 40 years, has worked at more than 10 other locations prior to this posting without facing any such complaints. However, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 5. Notice of motion. 6. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 7. Adjourned to 02.12.2025. 8. 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.). 9. Besides, it is directed that petitioner would hand over his passport to the Investigating LAVISHA 2026.07.06 18:55 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51373-2025 3 Agency or to Court concerned, if he 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. Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 12.09.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 4. Learned State counsel on instructions from ASI Naveen Kumar, confirms the said averment made by counsel for the petitioner of joining the investigation by the petitioner. 5. Mr. Rahul Sharma, Advocate, puts in appearance on behalf of the complainant, and files his power of attorney in Court today, which is taken on record. 6. Learned State counsel as well as counsel for the complainant submits that recovery of 198 missing pieces of clothes are yet to be recovered. 5. Heard learned counsel for the parties. 6. Undoubtedly, petitioner has already joined the investigation in terms of the direction passed by this Court. However, submissions raised by the State and counsel for the complainant, in regard to the misappropriation of funds or the cloth pieces, the same would be subject matter during the course of trial, wherein it is heavily upon the prosecution to prove the allegations against the petitioner beyond doubt. LAVISHA 2026.07.06 18:55 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51373-2025 4 Moreover, proceedings in the present petition cannot be kept pending only for the purpose of effecting recovery. Thus, ad-interim bail order dated 12.09.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. 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. However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport. It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 06.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.06 18:55 I attest to the accuracy and integrity of this document PHHC, Chandigarh