Facts of the Case

The petitioner, sole proprietor of M/s Punjab Electronics (a GST-registered business, the registration certificate being annexed only to establish his business identity), sought anticipatory bail in FIR No. 43 dated 20.02.2023 registered at Police Station Dadri Sadar, District Charkhi Dadri, initially under Sections 406 and 420 IPC, with Sections 120-B and 212 IPC added later. The prosecution's case, per the petitioner, stemmed from a disclosure statement made by a co-accused implicating him, allegedly falsely, in connection with a dispute involving the suicide of a Voltas company salesman's father and a related investment scheme.

By an earlier order dated 21.07.2023, the Court had granted the petitioner interim protection, directing him to join the investigation by 02.08.2023, failing which the protection would stand vacated. By the time the matter was heard finally on 25.09.2023, the petitioner had joined and cooperated with the investigation, and the Investigating Officer confirmed this and stated that custodial interrogation was not currently required.

Issues Involved

  1. Whether the interim anticipatory bail granted earlier should be made absolute, given the petitioner's compliance with the direction to join investigation.

Petitioner's Arguments

  • The petitioner has fully joined and cooperated with the investigating agency as directed.
  • He undertakes to remain available for further investigation as and when required.
  • He has no direct concern with the commission of the alleged offence and is running his own independent business.

Respondent's Arguments

  • The State, on instructions from the investigating officer, confirmed that the petitioner had joined and cooperated with the investigation and was not required for custodial interrogation at that stage.

Court Order / Findings

  • Without expressing any opinion on the merits of the case, the Court made the interim anticipatory bail order dated 21.07.2023 absolute, subject to the conditions under Section 438(2) Cr.P.C.
  • Liberty was reserved to the State to apply for cancellation of the anticipatory bail if the petitioner failed to join or cooperate with the investigation as and when required.

Important Clarification

This is a routine anticipatory-bail order turning entirely on the petitioner's cooperation with investigation; it involves no adjudication of any GST question. The GST registration certificate appears in the record only as proof of the petitioner's independent business identity, not as a subject of dispute.

Sections Involved

  • Code of Criminal Procedure, 1973 — Section 438 (anticipatory bail)
  • Indian Penal Code, 1860 — Sections 406, 420, 120-B and 212

Decision – In Favour of

Allowed in favour of the petitioner — the interim anticipatory bail was made absolute, subject to statutory conditions and liberty to the State to seek cancellation on non-cooperation.

Case Details

  • Court: High Court of Punjab and Haryana at Chandigarh
  • Case No.: CRM-M-34003-2023
  • Neutral Citation: 2023:PHHC:125746
  • Coram: Justice Aman Chaudhary
  • Date of Order: 25.09.2023

Link to Download the Order

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