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Judgment
19 paragraphs · 590 wordsSanjay Vashisth, J
Present petition has been filed by the petitioner, seeking grant of anticipatory bail, in case, FIR No.243, dated 27.11.2021, under Sections 420, 120-B of IPC (sections 465, 467, 468, 471 of IPC added later on), registered at Police Station Dirba, District Sangrur.
On 26.08.2025, following order was passed by this Court:-
"2. As per allegations, complainant has been duped for a sum of Rs.17.00 lakhs. An amount amount of Rs.3,25,000/- has been deposited in the Bank account of the petitioner, and she is ready to return the same on the next date of hearing to the complainant.
Further submits that petitioner is ready to join investigation and cooperate with the investigating agency. Accordingly, prays for grant of concession of anticipatory bail to the petitioner in the present case.
Notice of motion.
On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions. And, in case of necessity, to file status report.
Adjourned to 15.10.2025.
Till the next date of hearing, the arrest of the petitioner shall remain stayed. However, the aspect regarding her joining of investigation shall be considered after perusal of the status report/reply to be filed by the respondent/State.
Besides, on oral request of counsel for the petitioner, complainant - Gurdeep Singh s/o Mahinder Singh, r/o Sadihari, District Sangrur, is hereby ordered to be impleaded as respondent No.2.
Counsel for petitioner is directed to file amended memo of parties in the registry within a period of three days from today, and upon doing so, let notice be issued to newly added respondent No.2 for the date fixed before this Court."
Thereupon, this Court was apprised that owing to non-joining of the investigation by the petitioner, he had been declared a proclaimed offender by the concerned Court, vide order dated 17.07.2023. However, upon challenge to the said order by filing CRM-M-41906-2025, notice of motion was issued and operation of the impugned order declaring the petitioner a proclaimed offender was stayed therein.
In the proceedings of the present petition, vide order dated 18.05.2026, petitioner was directed to furnish a demand draft in the sum of Rs.3.5 lakhs to the Investigating Officer, and thereafter, to join the investigation as and when required by the Investigating Officer.
Today, learned State counsel, on instructions from ASI Jagdev, submits that petitioner has joined the investigation on 22.05.2026 and has also handed over a demand draft amounting to Rs.3.5 lakhs to the Investigating Officer.
In view of the above, ad-interim bail orders dated 26.08.2025 and 18.05.2026 passed by this Court are hereby made absolute. Accordingly, present petition is allowed.
However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
Accordingly, petition stands disposed of.
However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also clarified that the demand draft presently lying with the Investigating Officer shall be handed over to the complainant, in whose name the same has been prepared, or alternatively, the amount thereof shall be deposited in the complainant's bank account.
