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2025 DAILYLAW 8212 (PNJ)

NARESH SHARMA v. STATE OF HARYANA

CRM-M/43223/2025 · 2026-07-20

Sanjay Vashisth

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Judgment text

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PHHC011250252025 CRM-M-43223-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 101-9 CRM-M-43223-2025 Decided on :20.07.2026 Naresh Sharma . . . Petitioner(s) Versus State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Rajesh Bansal, Advocate for the petitioner. Mr. Ruchi Sekhri, Addl. A.G., 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 Naresh Sharma 0049 27.02.2025 420, 406, 408, 120-B IPC and Section 3 of The Haryana Protection of Interest of Depositors in Financial Establishme nt Act, 2013 and Sections 21, 23 of Banning of Unregulated Deposit Schemes Act, 2019 Israna Panipat 2. On 26.08.2025, following was recorded by this Court: RASHMI 2026.07.22 11:41 I attest to the accuracy and integrity of this document PHHC011250252025 CRM-M-43223-2025 2 “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 Naresh Sharma, aged abou 36 year 0049 27.02.2025 420, 406, 408, 120- B IPC and Section 3 of The Haryana Protectio n of Interest of Depositor s in Financial Establish ment Act, 2013 and Sections 21, 23 of Banning of Unregulat ed Deposit Schemes Act, 2019 Israna Panipat 2. Learned counsel for the petitioner refers to the order dated 18.03.2025 passed by this Court in CRM-M-14639-2025, wherein, in a similar case i.e. FIR No.134 dated 27.02.2025, registered against the petitioner, arrest has been stayed and said petition is now fixed for 09.12.2025. For reference order dated 18.03.2025 passed in CRM-M-14639-2025, is reproduced here below:- “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:- RASHMI 2026.07.22 11:41 I attest to the accuracy and integrity of this document PHHC011250252025 CRM-M-43223-2025 3 Name & age of Petition er (s) FIR No. Date Section(s) Police Station District Bijender Singh, aged about 51 years 134 27.02.2025 420, 406, 408, 120- B of IPC and Section 3 of Haryana Protection of Interest of Depositors in Financial Establish ment Act, 2013 and 21, 23 of Banning of Unregulat ed Deposit Schemes Act, 2019 Chandni Bagh Panipat 2. By referring to the order dated 31.01.2025 passed in CRWP584-2025 (Annexure P-11), counsel for the petitioner submits that in fact, petitioner himself is a victim of fraud committed by the Human Welfare Credit and Thrift Cooperative Society. Both the petitioner and his wife, namely, Geeta Devi, are investors to the tune of approximately Rs.27 lacs, and despite this, the Society has failed to repay any amount to them. By filing the aforementioned writ petition before this Court, the petitioner has prayed for appropriate action to be taken against the defaulters. After taking cognizance of the matter, the petition is now scheduled for hearing on 28.03.2025. 3. Notice of motion. 4. 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 5. List again on 28.03.2025. 6. To be heard along with CRWP-584-2025. 7. In the meanwhile, arrest of the petitioner shall remain stayed. 8. However, issue regarding joining of investigation of the petitioner would be examined on the next date of hearing, after perusing the status report which is to be filed by learned State counsel.” 3. Learned counsel for the petitioner further contends that fixed deposit certificates reflecting investments made by the petitioner, her RASHMI 2026.07.22 11:41 I attest to the accuracy and integrity of this document PHHC011250252025 CRM-M-43223-2025 4 sister and brother, have been annexed as Annexures P-3, P-4 and P-5, respectively. Thus, prays for grant of concession of anticipatory bail to the petitioner 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 respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report. 6. Adjourned to 09.12.2025. To be heard along with CRM-M-14639-2025. 7. Meanwhile, arrest of the petitioner petitioner shall remain stayed. However, issue of joining of investigation by the petitioner would be examined on the next date of hearing, after reviewing the status report, which is yet to be filed by learned State counsel.” 3. On 17.02.2026, interim order was modified and the petitioner was directed to join the investigation. It was further ordered that, in the event of his arrest, he shall be released on interim bail. Thereafter, on the next date of hearing, i.e. 22.04.2026, this Court noticed that petitioner had failed to join the investigation despite the specific direction issued by this Court. Nevertheless, one further opportunity was granted to the petitioner to comply with the said direction by today, i.e. 20.07.2026. Today again, learned State counsel has informed the Court that petitioner has still not joined the investigation. 4. Mr. Rajesh Bansal, learned counsel for the petitioner, submits that another FIR, namely FIR No. 114 dated 27.02.2025, registered under Sections 120-B, 406, 408 and 420 of the IPC, Section 3 of the HPIDFE Act, 2013, and Sections 21 and 23 of the BUDS Act, 2019, at Police Station Murthal, is also pending against the petitioner. It is submitted that the petitioner's application for anticipatory bail in the RASHMI 2026.07.22 11:41 I attest to the accuracy and integrity of this document PHHC011250252025 CRM-M-43223-2025 5 said case, i.e. CRM-M-50856-2025, was dismissed by a Coordinate Bench of this Court vide order dated 15.09.2025. Learned counsel contends that, being apprehensive of his arrest in the aforesaid case, petitioner could not join the investigation in the present case. 5. On a specific query put by the Court, learned State counsel has informed that the order dated 15.09.2025 rejecting the petitioner's prayer for anticipatory bail in FIR No. 114 has not been challenged before any higher forum and continues to operate. 6. In the aforesaid circumstances, this Court is of the considered view that the petitioner has grossly misused the concession of interim protection granted by this Court by deliberately avoiding the investigation for several months. Such conduct disentitles him to the discretionary relief of anticipatory bail. Consequently, the present petition is dismissed. 7. However, liberty is granted to the petitioner to seek revival of the present petition in the event he secures appropriate protection in FIR No. 114 dated 27.02.2025 from the competent Court. (SANJAY VASHISTH) JUDGE 20.07.2026 Rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2026.07.22 11:41 I attest to the accuracy and integrity of this document