Om Pal Singh Ahlawat vs. State Of Haryana
Held
The Court made the interim order dated October 3, 2024, absolute. This means the anticipatory bail granted to the petitioner was confirmed. The reasoning was based on the submissions made by both the petitioner's counsel and the State counsel. The petitioner's counsel stated that the petitioner had joined the investigation as per the court's previous order. The State counsel confirmed this fact and further stated that the petitioner was no longer required for further investigation. In light of these statements, the Court found no impediment to confirming the anticipatory bail. The petitioner was directed to continue to join the investigation as and when called by the Investigating Officer and to abide by the conditions specified under Section 482(2) of the B.N.S.S. The core principle applied is that if an accused cooperates with the investigation and is no longer required for custodial interrogation, anticipatory bail can be confirmed.
Facts
The petitioner, Om Pal Singh Ahlawat, filed a petition under Section 482 of the B.N.S.S. seeking anticipatory bail. This was in connection with FIR No. 367, registered on November 2, 2020, at Police Station Civil Lines, District Sirsa. The FIR was lodged under Section 136 of the Central Goods And Services Tax Act, 2017, and various sections of the Indian Penal Code (IPC), including Sections 406, 409, 419, 420, 465, 467, 468, 471, 420, and 120-B. The petitioner's counsel stated that the petitioner had joined the investigation in compliance with a previous court order dated October 3, 2024. The State counsel confirmed that the petitioner had joined the investigation and was no longer required for further inquiry.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail in FIR No. 367 dated 02.11.2020, registered under Section 136 of the CGST Act, 2017, and Sections 406, 409, 419, 420, 465, 467, 468, 471, 420, and 120-B of the IPC. The petitioner argued that he had complied with the court's order to join the investigation. The State argued that the petitioner had joined the investigation and was no longer required for further inquiry, implying that the purpose of custodial interrogation for the purpose of investigation had been met. The judgment does not explicitly record arguments from either side beyond these submissions regarding compliance with the investigation process.
Sections Cited
Section 136, Section 482
AI-generated summary — verify with the full judgment below
216-2
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49467-2024 Date of Decision:22.10.2024 Om Pal Singh Ahlawat …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Aditya Sanghi, Advocate for the petitioner. Ms. Sheenu Sura, Deputy Advocate General, Haryana. *** N.S.Shekhawat J. (Oral)
The petitioner has filed the present petition under Section 482 of B.N.S.S with a prayer to grant anticipatory bail to him in case FIR No.367 dated 02.11.2020, under Sections 136 of Central Goods And Services Tax Act, (CGST),2017 and Sections 406,409, 419,420,465,467,468,471,420 and 120-B of IPC, registered at Police Station Civil Lines, District Sirsa (Annexure P-1).
Learned counsel for the petitioner submits that in compliance of the order dated 03.10.2024 passed by this Court, the petitioner has joined the investigation.
Learned State counsel also submits that the petitioner has joined the investigation and is no longer required for further investigation.
In view of the above statement made by learned State counsel, the interim order dated 03.10.2024 is made absolute. The petitioner shall continue HITESH 2
The judgment continues below.
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Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.