Tarun Singla vs. State Of Punjab
Facts
The petitioner, Tarun Singla, sought anticipatory bail under Section 438 Cr.P.C. in FIR No.85 dated 31.03.2024, registered at Police Station Rama Mandi, District Jalandhar, for offences including Sections 420, 467, 468, 471, and 120-B of the IPC. The FIR concerned GST evasion, with iron bars being transported under a bogus firm's name. The petitioner was granted interim bail on 16.05.2024, with a direction to join the investigation. He subsequently joined the investigation and cooperated with the agency. The State counsel confirmed the petitioner's cooperation and stated he was not required for further investigation or custodial interrogation. It was also noted that the petitioner has clean antecedents and no other criminal cases against him.
Held
The Court allowed the petition for anticipatory bail. The interim order dated 16.05.2024 was made absolute, subject to the conditions laid down in Section 438(2) Cr.P.C./Section 482(2) BNSS. The Court reasoned that the petitioner had joined the investigation and cooperated with the investigating agency, as confirmed by the State counsel. Furthermore, the State counsel, on instructions, stated that the petitioner was not required for further investigation or custodial interrogation and possessed clean antecedents. In light of these submissions, the Court found no impediment to granting the concession of anticipatory bail. The State was granted liberty to seek cancellation of bail if the petitioner misused the concession.
Key Issues
1. Whether the petitioner is entitled to the concession of anticipatory bail under Section 438 Cr.P.C. in FIR No.85 dated 31.03.2024, registered for offences under Sections 420, 467, 468, 471, 120-B of the IPC, considering his cooperation with the investigation and clean antecedents? Petitioner's Contention: The petitioner argued that he had joined the investigation as directed and cooperated fully with the investigating agency. He further submitted that he was not required for further investigation or custodial interrogation and had clean antecedents. Respondent's (State of Punjab) Contention: The State counsel, on instructions, did not dispute the petitioner's cooperation with the investigation. They further submitted that the petitioner was not required for further investigation or custodial interrogation and had clean antecedents. The State counsel also confirmed that the case involved GST evasion and the transportation of goods in the name of a bogus firm.
Sections Cited
Section 438 Cr.P.C., Section 482(2) BNSS
AI-generated summary — verify with the full judgment below
203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.19792 of 2024 Date of decision: 21st August, 2024 Tarun Singla … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Anurag Arora, Advocate for the petitioner.
Mr. Navdeep Singh, Dy. Advocate General, Punjab for the respondent/State. MANJARI NEHRU KAUL, J. (ORAL)
The petitioner is seeking the concession of bail under Section 438 Cr.P.C. in case FIR No.85 dated 31.03.2024 for the offences under Sections 420, 467, 468, 471, 120-B of the IPC registered at Police Station Rama Mandi, District Jalandhar.
On the previous date of hearing, i.e. 16.05.2024, while noticing the following submissions made by learned State counsel, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation. “On being put to notice, learned State counsel, on instructions from SI Narinder Singh, has submitted that no doubt it was a case of GST evasion, however, the recovered iron bars (Saria) were being transported in the name of a bogus firm. He has also placed on record short RATTAN PAL SING
The judgment continues below.
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