Manish Jaiswal vs. State Of Haryana
Facts
The petitioner, Manish Jaiswal, sought anticipatory bail under Section 438 Cr.P.C. in FIR No. 454 dated 01.12.2022, registered at Police Station Sector 31, Faridabad, under Sections 420, 406, and 120-B IPC. The petitioner contended he was falsely implicated, had no criminal antecedents, and had joined the investigation after being granted interim bail by the Sessions Court. The State argued that while the petitioner joined the investigation, he was not cooperating, specifically regarding the recovery of sand. The complainant alleged forgery of bills leading to GST evasion.
Held
The Court decided to make the interim bail granted to the petitioner absolute, subject to the conditions under Section 438(2) Cr.P.C. The Court noted that the petitioner had been granted interim relief in February 2023 and had joined the investigation. The precise allegation in the FIR was related to a dispute over commission. The Court clarified that the order was not a "blanket" order, would not grant indefinite protection from arrest, and was confined to the specific FIR. It also stated that the order did not limit the police's right to investigate and that the police could seek arrest under Section 439(2) Cr.P.C. if any condition was violated. The Court explicitly stated that its observations were not an opinion on the merits of the case.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in FIR No. 454 dated 01.12.2022, registered at Police Station Sector 31, Faridabad, under Sections 420, 406, and 120-B IPC, considering the allegations of GST evasion and forgery of bills. Petitioner's contentions: The petitioner argued that he was falsely implicated, had no criminal antecedents, and had joined the investigation after interim bail was granted by the Sessions Court. He was ready to join the investigation and abide by all conditions for anticipatory bail. Respondent's (State) contentions: The State argued that the petitioner had joined the investigation but was not cooperating, specifically failing to facilitate the recovery of sand. The complainant's counsel highlighted the seriousness of the allegations, including forgery of bills resulting in GST evasion, and argued that the petitioner did not deserve pre-arrest bail.
Sections Cited
Section 438, Section 439(2), Section 27
AI-generated summary — verify with the full judgment below
CRM-M-10100-2023 1 2024:PHHC:053356 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 202-2 CRM-M-10100-2023 Date of decision : 19.04.2024 Manish Jaiswal ...... Petitioner versus State of Haryana ...... Respondent CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. R.S. Rai, Senior Advocate with Mr. Rahul Sharma, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana. Mr. R.S. Khosla, Senior Advocate with Mr. Yogender Verma, Advocate for the complainant. **** PANKAJ JAIN, J. (Oral)
While issuing notice of motion on 27.02.2023, following order was passed:- “Instant petition has been filed under Section 438 Cr.P.C. praying for grant of anticipatory bail to the petitioner in case FIR No.454, dated 01.12.2022, under Sections 420, 406 and 120-B IPC, registered at Police Station Sector 31, Faridabad. It has been contended by learned senior counsel for the petitioner that petitioner was falsely implicated in this case. He submits that interim bail was granted to the petitioner by the learned Sessions Court and he had duly joined the investigation also, however, the same was dismissed only on the ground that though he joined the investigation but did
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