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2025 DAILYLAW 96136 (PNJ)

SATISH SHARMA v. STATE OF HARYANA

CRM-M/48289/2025 · 2025-09-30

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (214) CRM-M-48289-2025 Decided on : 30.09.2025 Satish Sharma ……Petitioner(s) Versus State of Haryana ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Ms. Urvashi Singh, Advocate for the petitioner (s). Mr. Gurmeet Singh, AAG, Haryana. Mr. Rakesh Sobti, Advocate for the complainant. ***** Sumeet Goel (Oral): 1. Apprehending his arrest in FIR No.560 dated 21.07.2025, registered for offences punishable under Sections 316(2), 318(4) and 3(5) of BNS, 2023, at Police Station Kundli, Sonipat; the petitioner has preferred the present petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. 2. On 01.09.2025, the following order was passed: “Apprehending their arrest in FIR No.560 dated 21.07.2025, registered for offences punishable under Sections 316(2), 318(4) and 3(5) of BNS, 2023, at Police Station Kundli, Sonipat; the petitioners have preferred these petitions under NAVEEN NAGPAL 2025.09.30 16:09 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-48289-2025 P a g e | 2 Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that FIR in question essentially has overtones of civil dispute between the parties, the genesis of the FIR in question is actually a business dispute between the parties, the petitioner – Satish Sharma is a man aged 71 years, the petitioners are men with clean antecedents, & are willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Tarun Aggarwal, Additional AG Haryana has entered appearance on behalf of the respondent-State of Haryana. Mr. Rakesh Sobti, Advocate appears and files his vakalatnama(s) on behalf of the complainant. Adjourned to 30.09.2025. The petitioners are directed to appear before the Investigating Officer on 05.09.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioners shall be released on interim bail subject to their furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioners shall join the investigation. They shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Photocopy of this order be placed on the connected case files.” 3. Learned State counsel has filed common status report by way of affidavit of Assistant Commissioner of Police, Rai, District Sonipat dated 28.09.2025, which is kept on record. He (on instructions) has submitted that the petitioner has joined investigation but his further custodial interrogation is required for effecting the recovery of money in question. 4. Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that allegations NAVEEN NAGPAL 2025.09.30 16:09 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-48289-2025 P a g e | 3 raised against the petitioner are direct/serious in nature and hence he ought not to be granted concession of anticipatory bail. He has further iterated that and in case the petitioner is extended the concession of anticipatory bail, there is all the likelihood that he may flee from the process of justice as also intimidate/influence the witnesses. 5. Having heard learned counsel for the rival parties and upon perusal of the record; especially keeping in view the factum of the petitioner having joined investigation & the particular stand taken by the State that the petitioner is not cooperating for recovery of money in question; this Court is inclined to confirm the order dated 01.09.2025. 6. Accordingly, the petition is allowed and the order dated 01.09.2025 granting anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 7. 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. 8. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. 9. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. NAVEEN NAGPAL 2025.09.30 16:09 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-48289-2025 P a g e | 4 10. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) September 30, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.09.30 16:09 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh