CRM CRM CRM CRM----M M M M----37236 37236 37236 37236 208 (1 208 (1 208 (1 208 (1stststst case) case) case) case) IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Khem Raj @ Khem Chand State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of 10.03.2025, under Section Station Kotwali Nabha, District Patiala. 2. 37236 37236 37236 37236----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: Khem Raj @ Khem Chand versus State of Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Harsh Goyal, Advocate for Mr. Jaypreet Singh, DAG Punjab. Mr. Eklavya Gupta, Advocate for the complainant. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. , J. , J. , J. (ORAL) (ORAL) (ORAL) (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case FIR No. , under Sections 406, 420 of the IPC, 1860 Kotwali Nabha, District Patiala. On 16.07.2025, the following order was passed: “Counsel for the petitioner, inter alia is a man aged 66 years with clean antecedents, the taken place in the year 2023 whereas the FIR in question came to be registered on 10.03.2025 & the petitioner is willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Jatinder DAG, Punjab has entered appearance on behalf of the respondent Punjab. At this stage; Mr. Eklavya Gupta, Advocate has entered appearance on behalf of the complainant and filed his power of attorney. Adjourned to 13.08.2025. The petitioner is directed to appear before the Investigating Officer on 23.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----37236 37236 37236 37236----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 13 August 13 August 13 August 13,,,, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL the petitioner. Mr. Jaypreet Singh, DAG Punjab. Mr. Eklavya Gupta, Advocate for the complainant. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.0022 dated of the IPC, 1860, registered at Police the following order was passed: inter alia, contends that the petitioner a man aged 66 years with clean antecedents, the loan transaction has in the year 2023 whereas the FIR in question came to be 10.03.2025 & the petitioner is willing to join investigation On the strength of advance notice; Mr. Jatinder Pal Singh, Sr. DAG, Punjab has entered appearance on behalf of the respondent-State of At this stage; Mr. Eklavya Gupta, Advocate has entered appearance on behalf of the complainant and filed his power of attorney. etitioner is directed to appear before the Investigating Officer 23.07.2025 at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on ....Petitioner ....Respondent of the for grant of dated registered at Police , contends that the petitioner loan transaction has in the year 2023 whereas the FIR in question came to be 10.03.2025 & the petitioner is willing to join investigation Pal Singh, Sr. State of At this stage; Mr. Eklavya Gupta, Advocate has entered etitioner is directed to appear before the Investigating Officer 23.07.2025 at 11:00 A.M. in concerned Police Station and join event of arrest, the petitioner shall be released on MAHAVIR SINGH 2025.08.13 16:14 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----37236 37236 37236 37236 3. to the order dated but his custodial question. 4. grant of anticipatory bail to the petitioner. Learned counsel has argued that the allegations leveled against the petitioner submitted that in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that the petitioner may abscond the trial and also 5. especially, the petitioner having joined investigation and his custodial interrogation is being sought for only effecting recovery of money in question, the interim order dated conditions as enumerated under Section 6. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR men other incident that involves commission of an offence. 7. cancellation/recall of this order in case the petitioner violates any condition 37236 37236 37236 37236----2025 2025 2025 2025 interim bail subject to his furnishing personal/sur satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, investigation. He shall abide by the condition(s) 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Learned State counsel (on instructions) has stated that pursuant to the order dated 16.07.2025, the petitioner has but his custodial interrogation is required to effect recovery of money in Learned counsel for the complainant has vehemently opposed grant of anticipatory bail to the petitioner. Learned counsel has argued that the allegations leveled against the petitioner submitted that in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that the petitioner may abscond the also interfere in the investigation and intimidate the witnesses Keeping in view the entirety of the factual milieu of the case; especially, the petitioner having joined investigation and his custodial interrogation is being sought for only effecting recovery of money in the interim order dated 16.07.2025 conditions as enumerated under Section 482(2) of This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition 2222 furnishing personal/surety bond(s) to the Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section a Nagarik Suraksha Sanhita, 2023.” Learned State counsel (on instructions) has stated that pursuant , the petitioner has indeed joined investigation, interrogation is required to effect recovery of money in Learned counsel for the complainant has vehemently opposed grant of anticipatory bail to the petitioner. Learned counsel has argued that the allegations leveled against the petitioner are serious in nature. He has submitted that in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that the petitioner may abscond the and intimidate the witnesses. Keeping in view the entirety of the factual milieu of the case; especially, the petitioner having joined investigation and his custodial interrogation is being sought for only effecting recovery of money in .07.2025 is made absolute, subject to the (2) of BNSS. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition ety bond(s) to the Officer/Investigating Officer. As and when the petitioner shall join the enumerated under Section Learned State counsel (on instructions) has stated that pursuant joined investigation, interrogation is required to effect recovery of money in Learned counsel for the complainant has vehemently opposed grant of anticipatory bail to the petitioner. Learned counsel has argued that are serious in nature. He has submitted that in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that the petitioner may abscond the Keeping in view the entirety of the factual milieu of the case; especially, the petitioner having joined investigation and his custodial interrogation is being sought for only effecting recovery of money in s made absolute, subject to the This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition MAHAVIR SINGH 2025.08.13 16:14 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----37236 37236 37236 37236 stipulated under Section sufficient cause. 8. be construed to be an opinion on the merits of the case. 9. August 13 August 13 August 13 August 13,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Whether reportable: 37236 37236 37236 37236----2025 2025 2025 2025 ipulated under Section 482(2) of BNSS sufficient cause. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. 2025 2025 2025 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3333 482(2) of BNSS or upon showing any other Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.13 16:14 I attest to the accuracy and authenticity of this order/ judgment