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Judgment
20 paragraphs · 346 wordsSanjay Vashisth, J
The instant petition has been filed under Section 482 of BNSS, 2023 (earlier Section 438 Cr.P.C.), 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:-
Name & age of petitioner
FIR No.
Date
Section(s)
Police Station
District
Parmod Kumar (44 years)
1189
25.07.2025
21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and 303(2) of BNS
H.S.En.B.
Ambala
On 01.09.2025, by noticing the submissions of counsel for the petitioner, notice of motion was issued and arrest of the petitioner was stayed because petitioner in his submissions had expressed his willingness to pay the price of the minerals and applicable royalty along with fine.
After calculation, the State authorities informed the petitioner to deposit an amount of Rs.4,30,000/-, but the said amount was not deposited by the petitioner. However, to enable the petitioner to comply with his own undertaking and also with an object to grant another opportunity, hearing was deferred for 22.05.2026 i.e. for today itself.
Till date, the said amount as informed by the State authorities,
has not been deposited by the petitioner. Rather, he challenges the calculation of the amount saying that the same has not been properly and adequately calculated by the State authorities. In the proceedings of the present petition, wherein discretionary relief is being under consideration, based upon the principle of equity as well and also being aware of the fact that there are numerous instances increasing day by day in both the States i.e. Haryana and Punjab, where such crimes are at rise, no leniency can be applied and that too for saving the money which, in fact, belongs to the State Exchequer meant to utilize for the citizens of the States. Therefore, interim relief granted vide order dated 01.09.2025 i.e. in regard to the stay of arrest of the petitioner is withdrawn/recalled. Investigating Officer is directed to immediately proceed in the matter.
Petition stands dismissed.
Pending application(s), if any, also stand disposed of accordingly.
