Research › Search › Judgment

High Court of Punjab and Haryana · body

2023 DAILYLAW 4035 (PNJ)

GURWINDER SINGH ALIAS GURBINDER SINGH v. STATE OF PUNJAB

CRM-M/12386/2026 · 2026-04-29

Rupinderjit Chahal

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-12386 IN THE HIGH COURT OF PUNJAB & HARYANA 216 GURWINDER SINGH ALIAS GURBINDER SINGH STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Parminder Singh for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Hitesh Verma, for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case Sections 420 and 409 of IPC, at Police 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.22 dated 420 and 409 of IPC, at Police Station Nahianwala, District Bathinda. 12386-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: GURWINDER SINGH ALIAS GURBINDER SINGH Versus PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Parminder Singh-I, Advocate for the petitioner. Mr. Rahul Jindal, AAG, Punjab. Mr. Hitesh Verma, Advocate for the complainant. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.22 dated 30.01.2026 registered under Sections 420 and 409 of IPC, at Police Station Nahianwala, District Bathinda On 18.04.2026, the following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.22 dated 30.01.2026 registered under Sections 420 and 409 of IPC, at Police Station Nahianwala, District Bathinda. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-12386-2026 Date of decision: 29.04.2026 GURWINDER SINGH ALIAS GURBINDER SINGH ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Advocate Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.22 dated 30.01.2026 registered under Station Nahianwala, District Bathinda. following order was passed by this Court: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner 30.01.2026 registered under Sections 420 and 409 of IPC, at Police Station Nahianwala, District ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.22 dated 30.01.2026 registered under Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner 30.01.2026 registered under Sections 420 and 409 of IPC, at Police Station Nahianwala, District GURPREET 2026.04.30 16:55 I attest to the accuracy and authenticity of this document. CRM-M-12386 petitioner has been falsely implicated in the present case and he has no concern with the petitioner was working as Secretary of the Khemuana Multipurpose Agricultural Society since 2013 and prior to it, he was working as Secretary. He further argued that the petitioner has been intentionally roped in t between the members of the society. He further argued that the allegations pertaining to the embezzlement are false and frivolous and a team of 3 Inspectors was constituted to check the record. He further argued that FIR No.169 da registered against the petitioner and the present FIR has been lodged against the petitioner on same allegations. He further argued that if the contents of the FIR are taken to be true, even then the dispute in the present case is of civ been given criminal colour by registering the present FIR. He further argued that no offence under Section 420 is made out against the petitioner as the contents of the FIR do not fulfill the ingredients of cheating in any manner. counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. the status report in the matter and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. prayer for grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the crime and, thus, does not deserve the concession of bail. 12386-2026 2 Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He argued that in fact, the petitioner was working as Secretary of the Khemuana Multipurpose Agricultural Society since 2013 and prior to it, he was working as Secretary. He further argued that the petitioner has been intentionally roped in t between the members of the society. He further argued that the allegations pertaining to the embezzlement are false and frivolous and a team of 3 Inspectors was constituted to check the record. He further argued that FIR No.169 da registered against the petitioner and the present FIR has been lodged against the petitioner on same allegations. He further argued that if the contents of the FIR are taken to be true, even then the dispute in the present case is of civ been given criminal colour by registering the present FIR. He further argued that no offence under Section 420 is made out against the petitioner as the contents of the FIR do not fulfill the ingredients of cheating in any manner. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On the other hand, learned State counsel h the status report in the matter and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. Learned counsel for the complainant, while opposing the prayer for grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the crime and, thus, does not deserve the concession of bail. Adjourned to 29.04.2026. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he said offence. He argued that in fact, the petitioner was working as Secretary of the Khemuana Multipurpose Agricultural Society since 2013 and prior to it, he was working as Secretary. He further argued that the petitioner has been intentionally roped in the FIR due to the rivalry between the members of the society. He further argued that the allegations pertaining to the embezzlement are false and frivolous and a team of 3 Inspectors was constituted to check the record. He further argued that FIR No.169 dated 30.11.2022 was registered against the petitioner and the present FIR has been lodged against the petitioner on same allegations. He further argued that if the contents of the FIR are taken to be true, even then the dispute in the present case is of civil nature, which has been given criminal colour by registering the present FIR. He further argued that no offence under Section 420 is made out against the petitioner as the contents of the FIR do not fulfill the ingredients of cheating in any manner. ecovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so On the other hand, learned State counsel has already filed the status report in the matter and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are complainant, while opposing the prayer for grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the crime and, thus, does not deserve the concession of bail. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he said offence. He argued that in fact, the petitioner was working as Secretary of the Khemuana Multipurpose Agricultural Society since 2013 and prior to it, he was working as Secretary. He further argued that the petitioner he FIR due to the rivalry between the members of the society. He further argued that the allegations pertaining to the embezzlement are false and frivolous and a team of 3 Inspectors was constituted to check the ted 30.11.2022 was registered against the petitioner and the present FIR has been lodged against the petitioner on same allegations. He further argued that if the contents of the FIR are taken to be true, even il nature, which has been given criminal colour by registering the present FIR. He further argued that no offence under Section 420 is made out against the petitioner as the contents of the FIR do not fulfill the ecovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so as already filed the status report in the matter and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are complainant, while opposing the prayer for grant of anticipatory bail to the petitioner, has contended that the petitioner has played an active role in the GURPREET 2026.04.30 16:55 I attest to the accuracy and authenticity of this document. CRM-M-12386 investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnis satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. 3. Learned counsel for the petitioner submits that in compliance of the order dated investigation. 4. Learned counsel for the State, on instructions Singh, has submitted that the petitioner ha longer required f 5. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner 6. In view of the statement made by learned State co interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) o 29.04.2026 Gurpreet 12386-2026 3 In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnis satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of order dated 18.04.2026 passed by this Court, the petitioner ha investigation. Learned counsel for the State, on instructions has submitted that the petitioner has joined the investigation and longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner. In view of the statement made by learned State co interim order dated 18.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions from SI Dilbagh joined the investigation and is no Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be hing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of joined the from SI Dilbagh no Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the unsel, the passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.04.30 16:55 I attest to the accuracy and authenticity of this document.