CRM-M-39073-2025 -1- 102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39073-2025 DECIDED ON: 29.07.2025 MOHAMMAD SHAHID .....PETITIONER VERSUS STATE OF PUNJAB AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Sukhmeet Singh, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) 1. Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 6 dated 10.02.2025 under Sections 318(4), 61(2) of BNS, 2023 registered at Police Station City Ahmedgarh, District Malerkotla. 2 Contention On behalf of the petitioner Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case being father of the main accused. He further submits that the petitioner is not at all beneficiary to the embezzled amount. He undertakes on behalf of the petitioner that he is ready and willing to join the investigation. MEENU 2025.07.29 18:52 I attest to the accuracy and integrity of this document CRM-M-39073-2025 -2- Notice of motion. On behalf of the State/complainant On the asking of Court, Mr. TPS Walia, AAG Punjab, accepts notice on behalf of respondent/State. He prays for dismissal of the present petition stating that the petitioner alongwith his co-accused embezzled the amount of Rs.5,12,000/- as fees of the complainant by not transferring the same in the bank account maintained at U.K. On a query put by this Court, learned State counsel informs the Court that the petitioner is not beneficiary for the said amount. 3. Analysis Be that as it may, having given due consideration to the submissions advanced, particularly to the fact that admittedly the petitioner is not the beneficiary of the amount in question and was nominated being father of the main accused, no fruitful purpose would be served by sending the petitioner behind bars, as his custodial interrogation is not warranted. In the light of above, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time. 4. Relief:- Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:- MEENU 2025.07.29 18:52 I attest to the accuracy and integrity of this document CRM-M-39073-2025 -3- ‘When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of one week, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed. (SANDEEP MOUDGIL) 29.07.2025 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2025.07.29 18:52 I attest to the accuracy and integrity of this document