Pankaj Jaitly vs State of Haryana

Harpreet Singh Brar, J

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.180 dated 30.04.2025 under Sections 127(2) & 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 107 & 108 of the Mental Healthcare Act, 2017, registered at Police Station Shivaji Colony, Rohtak, District Rohtak.

On 14.05.2025, the following order was passed:-

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Learned counsel for the petitioner, inter alia, contends that the petitioner was running de-addiction centre at Shivaji Colony, Rohtak, for which he has already filed renewal application, as earlier licence has expired. Further, as per the case set up by the prosecution, one Parmod Pandey was found in de-addiction centre, run at Bhiwani Chungi. There is no document or other material available on record to connect the petitioner with de-addiction centre being run at Bhiwani Chungi. Furthermore, the factual ingredients to invoke the provisions of Section 318(4) of BNS are not available. Moreover, the maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07 years. Notice of motion for 15.07.2025.

Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

If the Arresting Officer does not permit the petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.”

Learned State counsel, on instructions from SI Anil, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required.

In view of the statement of learned State counsel, order dated 14.05.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

The petition stands disposed of.