Jasveer Singh vs State Of Punjab
2023 Latest Caselaw 22021 P&H

Punjab-Haryana High Court

Jasveer Singh vs State Of Punjab on 15 December, 2023

2023:PHHC:161195
205

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Crl. Misc. No. M-57429 of 2023
Date of Decision: December 15, 2023

Jasveer Singh @ Jasvir Singh

devees Petitioner
versus

State of Punjab
bees Respondent

CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR

kK

Present:- Mr. Parveen Kumar Garg, Advocate
for the petitioner

Mr. I.P.S. Sabharwal, DAG Punjab

Mr. Navraj Singh Mahal, Advocate
for the complainant

36 2 2

Harpreet Singh Brar, J. (Oral)

1. Prayer in the petition under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.224 dated 27.09.2023 registered under Section 420 IPC at Police Station City Sunam, District Sangrur.

2. On 15.11.2023, following order was passed by this Court:-

"The present petition has been filed under Section 438 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C) for grant of anticipatory bail to the petitioner in FIR No.224 dated 27.09.2023 registered under Section 420 IPC at Police Station City Sunam, District Sangrur.

Learned counsel for the petitioner, inter alia, contends that the present FIR was lodged at the instance of the Mathoot Finance Ltd. for misappropriation of loan to the tune of Rs. 6,60,000/- taken by the

petitioner and he has defaulted in repayment of the same after making

REENA

2023.12.16 12:01

| attest to the accuracy and integrity of this order/ judgment Chandigarh

2023:PHHC:161195

a payment of Rs. 20,000/- only. It is further contended that a perusal of the present FIR indicates that the allegations levelled therein are not plausible, as the same was lodged at the instance of Mathoot Finance Ltd. and it is not believable that without receipt of gold as security, the complainant/company has extended loan to the petitioner.

Notice of motion.

On the asking of the Court, Ms. Navreet Kaur Barnala, AAG, Punjab who is present in Court, accepts notice on behalf of the respondent-State and opposes the prayer for grant of anticipatory bail to the petitioner.

In the meantime, keeping in view the law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) 2023 SCC OnLine SC 352, at the first instance, the petitioner is directed to appear before the Investigating Officer on or before 24.11.2023 and on his doing so or in the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer. The petitioner shall cooperate with the Investigating Officer and abide by the conditions as provided under Section 438 (2) Cr.P.C.

If the Investigating/Arresting Officer does not permit the petitioner to join the investigation, the petitioner would appear before the Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in investigation, in terms of the order of this Court.

Adjourned to 15.12.2023.

Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall

proceed without being prejudiced by observations of this Court."

3. Learned State counsel, on instructions from ASI Gursewak Singh,

states that pursuant to order dated 15.11.2023, the petitioner has joined the

2023.12.16 12:01

| attest to the accuracy and integrity of this order/ judgment Chandigarh

2023:PHHC:161195

investigation and is no more required for custodial interrogation.

4. In view of the statement of learned State counsel, order dated 15.11.2023 is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 438(2) Cr.P.C.

5. Petition stands disposed of.

6. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and trial court shall proceed without

being prejudiced by observations of this Court.

(HARPREET SINGH BRAR) JUDGE December 15, 2023

fee

Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

REENA

2023.12.16 12:01

| attest to the accuracy and integrity of this order/ judgment Chandigarh