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High Court of Punjab and Haryana · body

2023 DAILYLAW 4010 (PNJ)

NAVJOT SINGH BRAR v. STATE OF PUNJAB

CRM-M/67452/2025 · 2026-02-26

Vinod S Bhardwaj

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE 115 Navjot Singh Brar State of Punjab CORAM : HON'BLE Present :- Mr. Mr. Ms. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case Sections 318(4), Sanhita, 2023 at 2. The “The question complainant has application between in the Navjot immigration asked Garg full and Thereafter, Global THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-67452 Date of decision: Brar VERSUS HON'BLE MR. JUSTICE VINOD . Balbir Singh Sewak, Advocate for Mr. Mohit Kapoor, Sr.DAG, Punjab Ms. Jasleen Kaur, Advocate for the ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.107 dated 318(4), 336 (2), 336(3), 340(2), 61(2) at Police Station Nihal Singh Wala, The brief facts of the present case are The case of the Investigating Agency, question was registered on the basis complainant Inderjeet Garg before SSP stated that earlier on 09.06.2025, application against the accused persons. between the parties, he has transferred the account of Dream Builders Navjot Brar and Pritpal Kaur are immigration services. After transferring asked from Navjot Singh Brar whether Garg is possible to be approved upon family PR Visa of Canada is possible and for this purpose, you will have Thereafter, he has transferred Rs.26 Global Dream Builders, Nihal Singh PUNJAB & HARYANA CHANDIGARH 67452-2025(O&M) decision: 26.02.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ for the petitioner. Punjab. complainant. filed under Section 483 of the grant of regular bail to the 12.06.2025 registered under 61(2) of the Bharatiya Nyaya Wala, District Moga. are as follows: Agency, in nutshell, is that FIR in basis of complaint moved by SSP Office, Moga wherein he 09.06.2025, he has moved an persons. According to deal transferred an amount of Rs.26 lakhs Builders Immigration Services and are the proprietors of the said transferring the said amount, he had whether family PR Visa of Abhinav upon which he replied that their possible under investment policy have to pay Rs.1,75 Crore Rs.26 lakhs from his firm M/s Singh Wala on 03.05.2024 and SUMIT SINGH GUSAIN 2026.02.27 10:24 I attest to the accuracy and integrity of this document 2 115 CRM-M-67452-2025(O&M) then transferred Rs.21 lakhs on 06.05.2024 and after that on 02.09.2024, he had transferred Rs. 52 lacs from the account of his firm Indus Bio Fuel Ad Spirit Private Limited, Nihal Singh Wala and afterwards he had again transferred Rs.61 lacs from account of his firm Global Dream Builders on 06.09.2024 in the Indian Overseas account of M/s Dream Builders Baghapurana, owned by Navjot Brar Thereafter, Navjot Brar postponed the matter of applying Visa of his son Abhinav Garg and his family on the one pretext or the other. When he brought the matter into notice of Pritapal Kaur wife of Navjot Kaur and his father Kuldeep Singh Brar, then they told him not to worry as it will take time to approve the family Visa and they are fully responsible for approval of the visa of their son. Thereafter, accused persons assured them that Visa will surely approved very soon. On 22.05.2025, accused had provided print out of one document in which application number 20351860981 dated 20.05.2025 of Abhinav Garg was mentioned and in said application, passport was demanded. When they inquired about the PR Visa of his son Abhinav Garg and his family, then they came to know that aforesaid accused persons had never applied PR Visa of his son and his family under Canada Investment Scheme and handed over them fake documents. When they told the accused that they will complaint the matter to the police, then accused persons told that they have used their amount in the Real Estate Business and also admit their fault and also stated that they will refund their amount with interest on 10.06.2025 and in this regard, accused also handed over the cheques to them. Accused persons have already sold their properties and also transferred their some properties in the name of their relatives and underground whole of the amount and in this way, all the accused persons after hatching a criminal conspiracy have cheated them for an amount of Rs.1,86,00,000/-. Accused have closed their office and locked the house and have already absconded. On the basis of aforesaid complaint of complainant, present FIR was got registered against the accused/applicant and other co-accused.” SUMIT SINGH GUSAIN 2026.02.27 10:24 I attest to the accuracy and integrity of this document 3 115 CRM-M-67452-2025(O&M) 3. Learned counsel appearing on behalf of the petitioner contends that the petitioner was taken in custody on 14.06.2025. It is submitted that the investigation in the present case is complete and the final report has also been submitted on 11.08.2025. There are 22 witnesses to be examined by the prosecution. Notwithstanding the filing of challan and expiry of more than 06 months since then, charges have not yet been framed. He further contends that the case is triable by the Court of Magistrate and shall take long to conclude. It is further argued that it is in fact, a monetary dispute inter se between the petitioner and the complainant, who is also a travel agent and has levelled the allegations against the petitioner in order to harass him. 4. Learned State Counsel as well as counsel for the complainant vehemently opposes the aforesaid plea and contend that the petitioner has been involved in other cases as well. Counsel for the respondent-complainant contends that there are complaints of dishonour of cheques issued under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration that it is a magisterial trial in which the petitioner has already undergone an actual custody of more than 08 months and also noticing that charges in the present case have not been framed and there are 22 witnesses to be examined, hence, the conclusion of trial shall take long, I deem it appropriate to allow the present petition. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. SUMIT SINGH GUSAIN 2026.02.27 10:24 I attest to the accuracy and integrity of this document 4 115 CRM-M-67452-2025(O&M) 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. 10. Pending application(s), if any, shall stand disposed of. 26.02.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.02.27 10:24 I attest to the accuracy and integrity of this document