Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 84888 (PNJ)

SANJIV KUMAR SHARMA v. STATE OF PUNJAB

CRM-M/40897/2025 · 2025-08-08

Surya Partap Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-40897-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 227 CRM-M-40897-2025 Date of decision : 08.08.2025 Sanjiv Kumar Sharma ..... Petitioner VERSUS State of Punjab ..... Respondents CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Present: Mr. Amandeep Singh, Advocate for the petitioner. Mr. K.D. Sachdeva, DAG, Punjab. Shri Baldev Lal, complainant. ***** SURYA PARTAP SINGH , J. (Oral) 1. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner/accused in a case pertaining FIR No.69 dated 03.04.2025, under Sections 406 and 420-B of Indian Penal Code (hereinafter referred to as ‘IPC’) Police Station Sadar Jalandhar, District Jalandhar. 2. This Court while issuing notice of motion vide order dated 31.07.2025, directed the petitioner to produce a demand draft of Rs.1,75,000/-. 3. Pursuant to the aforesaid order dated 31.07.2025, learned counsel for the petitioner has handed over a demand draft bearing No.964130 for an amount of Rs.1,75,000/-issued by the State Bank of India, to the complainant, who is present in the Court today, and identified by the Investigating Officer, SI Surjit Singh, Police Station Sadar Jalandhar. A copy of the said demand draft be taken on record. ANJAL GUPTA 2025.08.11 11:45 I attest to the accuracy and integrity of this document CRM-M-40897-2025 4. Since the total outstanding amount has been received by the complainant, he does not want to pursue the present case. The complainant in specific and categorical words has stated before the Court that he is not willing to pursue this litigation. 5. On the other hand, learned State counsel on the instructions of the Investigating Officer-SI Surjit Singh has stated that petitioner has not joined the investigation. 6. Heard learned counsel for the parties. Case file has also been perused carefully. 7. Though it is reported that the petitioner has not joined the investigation, yet in view of stand of the complainant before this Court, that he does not pursue the present case, this Court is of this opinion that the instant case deserves to be allowed. 8. Having considered the aforesaid facts and circumstances, the present petition is hereby allowed. Consequently, the order dated 31.07.2025 passed by this Court, is hereby made absolute. 9. It is however made clear that this order does not, in any manner, limit or restrict the rights or duties of the police or investigating agency to investigate the charges against the petitioner/accused. 10. The petitioner/accused 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 or her from disclosing such facts to the Court or to any police officer. 11. The petitioner/accused shall not leave India wihtout prior permission of the Court. ANJAL GUPTA 2025.08.11 11:45 I attest to the accuracy and integrity of this document CRM-M-40897-2025 12. The petitioner shall join the investigation as and when called by the police. 13. It will be open to the police or the investigating agency to move to this Court for a direction under Section 483 (3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.) to arrest the accused/petitioner, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 14. Pending misc. application(s), if any, shall also stands disposed of accordingly. (SURYA PARTAP SINGH) JUDGE AUGUST 08, 2025 Anjal Whether speaking / reasoned Yes/No Whether Reportable Yes/No ANJAL GUPTA 2025.08.11 11:45 I attest to the accuracy and integrity of this document