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High Court of Punjab and Haryana · body

2025 DAILYLAW 93076 (PNJ)

CHANDAN v. STATE OF PUNJAB

CRM-M/46418/2025 · 2025-09-24

Sanjay Vashisth

body2025

Judgment text

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111100005555 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CCCCRRRRM M M M----M M M M----44446666444411118888----2222000022225555 DECIDED ON: 24.09.2025 CCCCHHHHAAAANNNNDDDDAAAANNNN .....PETITIONER VERSUS SSSSTTTTAAAATTTTEEEE OOOOFFFF PPPPUUUUNNNNJJJJAAAABBBB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Barjinder Singh, Advocate, for the petitioner. SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH ,,,, JJJJ ((((OOOORRRRAAAALLLL)))) 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:- NNNNaaaammmmeeee &&&& aaaaggggeeee ooooffff PPPPeeeettttiiiittttiiiioooonnnneeeerrrr ((((ssss)))) FFFFIIIIRRRR NNNNoooo.... DDDDaaaatttteeee SSSSeeeeccccttttiiiioooonnnn((((ssss)))) PPPPoooolllliiiicccceeee SSSSttttaaaattttiiiioooonnnn DDDDiiiissssttttrrrriiiicccctttt Chandan, aged about 37 years 58 25.05.2025 316(5) of BNS Cheema Sangrur 2. Learned counsel for the petitioner inter alia, contends that petitioner is neither named in the FIR, nor any specific role has been attributed to him therein. Even, no offence is alleged to have been committed by the petitioner. 3. It is further submitted that in the absence of any specific allegation or assignment of role in the FIR, it cannot be presumed that there was any entrustment of property to the petitioner. Furthermore, petitioner was never an employee of the said company. His implication in the present case is solely based on the disclosure statement of his brother, who was allegedly posted as an Assistant Manager in the company. As per the said disclosure statement, petitioner is stated to be in possession LAVISHA 2025.09.24 18:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----44446666444411118888----2222000022225555 ----2222---- of 147 grams of gold out of the total 176.568 grams, which forms the subject matter of the complaint. Moreover, 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. 4. Notice of motion. 5. On advance notice, Mr. Neeraj Madaan, learned Senior Deputy Advocate General, Punjab, appears on behalf of the respondent– State and submits that the disclosure statement, which forms the basis of present proceedings, has been made by none other than the main accused, Vipin Yadav, who is the real brother of the petitioner. It is contended that such a disclosure statement cannot be doubted merely on the ground of relationship. Furthermore, it is only pursuant to this disclosure that Investigating Officer came to know about the involvement of the petitioner. Therefore, it is urged that custodial interrogation of the petitioner is necessary to ascertain the truth and to facilitate proper investigation. 6. This Court has heard the submissions advanced by learned counsel for the parties and has perused the material available on record. 7. Upon consideration, this Court finds merit in the submissions advanced by learned State counsel. At this stage, no justifiable ground is made out for grant of anticipatory bail to the petitioner in the present case. Accordingly, present petition stands ddddiiiissssmmmmiiiisssssssseeeedddd. (SANJAY VASHISTH) 22224444....00009999....2222000022225555 JJJJUUUUDDDDGGGGEEEE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No LAVISHA 2025.09.24 18:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh