The High Court
Case Details
CRM-M-43993 43993-2025 -1- 209 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH DHARMINDER SINGH DHARMINDER SINGH CRM- -M-43993-2025 Date of Decision: 11.11.2025 Date of Decision: …Petitioner Versus STATE OF HARYANA STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH …Respondent Present:-
Legal Reasoning
Mr. Rahul Sharma, Sr. Advocate Mr. Shrome Garg, Advocate for the petitioner. Advocate with Mr. Kanwar Sanjiv Kumar, AAG, Haryana. Mr. Kanwar Sanjiv Kumar, AAG, Haryana. SANJAY VASHISTH SANJAY VASHISTH, J.(Oral) 1. Prayer in this petition, filed under Section 482 of the Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory ail to the petitioner, who has been booked in a criminal case arising bail to the petitioner, who has been booked in a criminal case arising ail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- out of First Information Report, as detailed hereunder: out of First Information Report, as detailed hereunder: of FIR No. Date Section(s) Section(s) Name Petitioner (s) 642 Dharminde Singh, r aged about 36 years 01.08.2022 409, 467, 468, 471, 471, 468, 201 and 120- 201 and 120 B of IPC B of IPC Police Station District Indri Karnal 2. On 13.08.2025 following order was passed: .2025 following order was passed:- “1. Prayer in this petition, filed under Section Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the Cr.P.C.), is for grant of anticipatory bail to the HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-43993 43993-2025 -2- who has been booked in a criminal case petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed arising out of First Information Report, as detailed hereunder:- FIR No. Date Section(s) Section(s) 642 01.08.2022 409, 467, 468, 409, 467, 468, 201 and 471, 201 and B of IPC 120-B of IPC Name & age of Petitioner (s) Dharminder Singh, aged about 36 years Police Station District Indri Karnal 2. Learned counsel for the petitioner, contends Learned counsel for the petitioner, contends that allegation against that allegation against the petitioner the petitioner is is that that petitioner, being Gram Sachiv, of the village Garhi petitioner, being Gram Sachiv, of the village Garhi Birbal, for the period 04.12.2017 to 20.09.2018, Birbal, for the period 04.12.2017 to 20.09.2018, misappropriated the amount of Rs.7,49,500/ amount of Rs.7,49,500/-, because the said amount was released for the because the said amount was released for the purpose of construction of road in the village, purpose of construction of road in the village, which which in fact, was got constructed by in fact, was got constructed by the the Municipal Committee, and same amount was, thus, Municipal Committee, and same amount was, thus, utilised by the petitioner for purchasing of the utilised by the petitioner for purchasing of the building material and same was not found in the building material and same was not found in the record of Gram Panchayat. record of Gram Panchayat. 3. Counsel for the petitioner further submits Counsel for the petitioner further submits that petitioner’s actions were undertaken pursuant that petitioner’s actions were undertaken pursuant to a resolution duly passed by the Gram Panchayat. to a resolution duly passed by the Gram Panchayat. As such, no element of criminality can be As such, no element of criminali attributed to the petitioner. It is further submitted attributed to the petitioner. It is further submitted that FIR in the present case has been registered that FIR in the present case has been registered after an unexplained delay of nearly three years. after an unexplained delay of nearly three years. Allegations primarily Allegations primarily rest on documentary rest on documentary evidence, and as such, custodial interrogation of evidence, and as such, custodial interrogation of he petitioner would serve no useful purpose the petitioner would serve no useful purpose for the prosecution. Moreover, petitioner is ready for the prosecution. Moreover, petitioner is ready to join the investigation and fully cooperate, if to join the investigation and fully cooperate, if HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-43993 43993-2025 -3- protected from arrest by this Court. Thus, prays for protected from arrest by this Court. grant of concession of anticipatory bail to the grant of concession of anticipatory bail to the etitioner in the present case. petitioner in the present case. 4. 5. Notice of motion. On advance notice, Mr. Kanwar Sanjiv On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on Kumar, AAG, Haryana, puts in appearance on behalf of the respondent – State, and seeks some behalf of the respondent time to file status report in the matter. time to file status report in the matter. 6. Adjourned to 11.11.2025. Adjourned to 11.11.2025. To be heard along with CRM-M-42977- To be heard along with CRM 2025. 7. In the meanwhile, the petitioner is directed In the meanwhile, the petitioner is directed to join the investigation as and when required to do to join the investigation as and when required to do so by the Investigating Agency. In the event of his so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim arrest, the petitioner shall be released on ad subject to his furnishing bail bonds to the bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, it is directed that petitioner would Besides, it is directed that petit hand over his passport to the Investigating Agency hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that would submit an affidavit, disclosing the fact that he does not possess any passport. he does not possess any passport. It is also directed that before leaving country It is also directed that before leaving country me during trial, petitioner would seek prior any time during trial, petitioner would seek prior ” permission of the Court.” 3. Continuing his submissions, learned counsel for the Continuing his submissions, l petitioner contends that in compliance of the order dated 13.08.2025, petitioner contends that in compliance of the order dated petitioner contends that in compliance of the order dated passed by this Court, petitioner has joined the investigat passed by this Court, petitioner joined the investigation, and has HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-43993 43993-2025 -4- fully co-operated. Therefore, he prays for confirmation of the said operated. Therefore, he prays for confirmation of the said operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. interim anticipatory bail order. 4. Learned State counsel confirms the said averment made Learned State counsel confirms the said averment made by counsel for the petitioner of joining the investigation on by counsel for the petitioner of joining the investigation on by counsel for the petitioner of joining the investigation on by the petitioner, and submits that as of now, custodial 03.10.2025 by the petitioner, and submits that as of now, custodial by the petitioner, and submits that as of now, custodial not required for the purpose of interrogation of the petitioner is not required for the purpose of interrogation of the petitioner investigation. investigation. 5. 6. Heard learned counsel for the parties. Heard learned counsel for the parties. already joined the investigation and Since, petitioner has already joined the investigation and interrogation is no more required; ad-interim bail order interrogation is no more required; ad custodial interrogation is no more required; ad dated 13.08.2025, passed by this Court is hereby made absolute. .2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. Accordingly, present petition is allowed. However, petitioner However, petitioner shall continue shall continue to to join join the the and abide by all the terms investigation as and when required to do so and abide by all the terms investigation as and when required to do so and conditions laid down under Section 482(2) of BNSS, 2023. and conditions laid down under Section 482(2) of BNSS, 2023. and conditions laid down under Section 482(2) of BNSS, 2023. 7.
Decision
Accordingly, petition stands disposed of. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE 11.11.2025 himanshu Whether reasoned/speaking: Yes/No Whether reportable: Yes/No HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document