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Judgment
SANJAY VASHISTH, J. (Oral)
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
| Name & age of petitioner | FIR No. | Date | Section(s) | Police Station | District |
|---|---|---|---|---|---|
| Ram Kumar Jha, aged about 53 years | 134 | 27.02.2025 | 420, 406, 408, 120-B of IPC, Sections 23 and 21 of Banning of Unregulated Deposit Schemes Act, 2019 and Section 3 of the Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 (Haryana Act No.32 of 2014) | Chandni Bagh | Panipat |
On 18.08.2025, following order was recorded:-
“1 xxx
2.Learned counsel for the petitioner, inter alia, contends that petitioner himself is a victim who, along with his wife and other family members, has deposited and invested a substantial amount running into lakhs with the accused society, namely Human Welfare Credit and Thrift Co-operative Society Ltd.
Counsel for the petitioner refers to the certificates issued by the society, which have been appended with the present petition, as Annexure P-3.
3.Further, counsel for the petitioner relies upon the order dated 18.03.2025 passed in CRM-M-14639-2025 (Annexure P-4), whereby co-accused, Bijender Singh, was granted interim anticipatory bail by this Court. Said petition is now listed for hearing on 09.12.2025. It is further submitted that petitioner is ready to join the investigation and fully cooperate with the investigating agency, provided he is granted protection from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.
4.Notice of motion.
5.On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter.
6.Adjourned to 09.12.2025.
To be heard along with CRM-M-14639-2025.
7.Meanwhile, petitioner shall not be arrested.
However, issue of joining of investigation by the petitioner would be examined on the next date of hearing, after reviewing the status report, which is yet to be filed by learned State counsel.”
Thereupon, vide order dated 17.02.2026, petitioner was directed to join investigation on 05.03.2026 or as and when called upon by the Investigating Officer. However, he failed in joining investigation, therefore, one more chance was afforded and realizing that petitioner is in judicial custody in some other case, on 20.07.2026, following was recorded:-
“i)Learned State counsel, on instructions from the Investigating Officer, submits that the petitioner has been arrested in another case, namely FIR No. 22 of 2025, registered at Police Station Murthal, and is presently in judicial custody in the said case.
ii) It is further submitted that, in the present case, the Investigating Agency has neither sought the petitioner's production warrants nor taken any steps to join him in the investigation while he is in judicial custody.
iii) In the aforesaid circumstances, this Court is of the view that the petitioner's judicial custody in another case cannot, by itself, be construed as non-compliance with the order directing him to join the investigation. It shall be open to the Investigating Officer to join the petitioner in the investigation by visiting the jail concerned or by adopting any other procedure permissible in law.
iv) Interim protection granted vide order dated 17.02.2026 shall continue till the next date of hearing. Needless to observe, present order shall not entitle the petitioner to release from judicial custody in any other case.
v)List on 12.08.2026.”
Today learned counsel for the petitioner contends that in compliance of the orders dated 17.02.2026/20.07.2026, passed by this Court, petitioner has already been joined in the investigation and has fully co-operated. Therefore, learned counsel prays for confirmation of the said interim anticipatory bail order.
Learned State counsel on instructions from SI Sukhan Pal, also does not dispute the factum of joining investigation by the petitioner and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.
Heard learned counsel for the parties.
Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 17.02.2026 and 20.07.2026, passed by this Court are hereby made absolute. Accordingly, present petition is allowed.
However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.
Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
Accordingly, petition stands disposed of.
Pending application(s), if any, also stand disposed of accordingly.