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2023 DAILYLAW 5048 (PNJ)

HARBANS SINGH AND ANOTHER v. STATE OF PUNJAB

CRM-M/15142/2026 · 2026-03-19

Mandeep Pannu

body2023

Judgment text

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CRM-M-15142- 109 IN THE HIGH COURT OF PUNJAB AND HARYANA Harbans Singh and Another State of Punjab CORAM : HON'BLE MS Present: Mr. Jasmail Singh Brar MANDEEP PANNU J. 1. This is the first petition under Section 482 of the Bharatiya Suraksha Sanhita, 2023 (earlier Section 438 Cr.P.C.) for grant of anticipatory bail to the petitioners in FIR No. 17 dated 05.02.2026 registered under Sections 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (earlier Sections 420, 120 Police Station Bajakhana, District Faridkot. 2. Briefly, the case of the prosecution is that the petitioners, in connivance with each other, allegedly induced the complainant on the pretext of settling his son Jagpreet Singh abroad in Australia. It is all entered into an agreement with the complainant and received an amount of approximately Rs.70 lakhs for the said purpose. However, neither was the promise fulfilled nor was the complainant’s son properly settled abroad. It has furt alleged that the accused persons avoided the complainant thereafter and also -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Harbans Singh and Another VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Jasmail Singh Brar, Advocate for the petitioner -.- MANDEEP PANNU J. (Oral) This is the first petition under Section 482 of the Bharatiya Suraksha Sanhita, 2023 (earlier Section 438 Cr.P.C.) for grant of anticipatory bail to the petitioners in FIR No. 17 dated 05.02.2026 registered under Sections 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (earlier Sections 420, 120 Police Station Bajakhana, District Faridkot. Briefly, the case of the prosecution is that the petitioners, in connivance with each other, allegedly induced the complainant on the pretext of settling his son Jagpreet Singh abroad in Australia. It is all entered into an agreement with the complainant and received an amount of approximately Rs.70 lakhs for the said purpose. However, neither was the promise fulfilled nor was the complainant’s son properly settled abroad. It has furt alleged that the accused persons avoided the complainant thereafter and also -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15142-2026 (O&M) Date of Decision : 19.03.2026 ....Petitioners ....Respondent MANDEEP PANNU , Advocate for the petitioners. This is the first petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 438 Cr.P.C.) for grant of anticipatory bail to the petitioners in FIR No. 17 dated 05.02.2026 registered under Sections 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 (earlier Sections 420, 120-B IPC) at Briefly, the case of the prosecution is that the petitioners, in connivance with each other, allegedly induced the complainant on the pretext of settling his son Jagpreet Singh abroad in Australia. It is alleged that the petitioners entered into an agreement with the complainant and received an amount of approximately Rs.70 lakhs for the said purpose. However, neither was the promise fulfilled nor was the complainant’s son properly settled abroad. It has further been alleged that the accused persons avoided the complainant thereafter and also Nagarik Suraksha Sanhita, 2023 (earlier Section 438 Cr.P.C.) for grant of anticipatory bail to the petitioners in FIR No. 17 dated 05.02.2026 registered under Sections 318(4), B IPC) at Briefly, the case of the prosecution is that the petitioners, in connivance with each other, allegedly induced the complainant on the pretext of eged that the petitioners entered into an agreement with the complainant and received an amount of approximately Rs.70 lakhs for the said purpose. However, neither was the promise her been alleged that the accused persons avoided the complainant thereafter and also TRIPTI SAINI 2026.03.19 17:39 I attest to the accuracy and integrity of this document CRM-M-15142- subjected him and his family to harassment and threats. It is the further case of the prosecution that even false cases were got registered against the complainant abroad, which were later dismissed. After inquiry into the complaint, the present FIR came to be registered against the accused. 3. Learned counsel for the petitioners has contended that the petitioners are the parents of the main accused, who is presently res submitted that the dispute in question is essentially matrimonial in nature, as the complainant’s son had gone to Australia after marriage, however, the parties could not adjust with each other and he returned back to India. It is amount of Rs.15,05,000/ the same was spent on the studies and other expenses. It is further submitted that remaining amount was transferred to the account of the main accused, daughter of the petitioners, by her husband and the entire transaction was part of family arrangements. It is thus contended that there was no intention to cheat the complainant at any point of time. It is also submitted that divorce proceeding well as a domestic violence case have already been initiated in Australia, and therefore, the present dispute has been given a criminal colour despite being matrimonial in nature. 4. Notice of motion. 5. Mr. Sahil Chowdhary, AAG Punjab petition. It is submitted on behalf of the State, duly assisted by learned counsel for the complainant, that the main accused is still in Australia and has not joined the investigation. It is further contended that the petitioners, in conniva other and with the main accused, have duped the complainant party and have cheated them of an amount of about Rs.70 lakhs on the false promise of settling -2026 (O&M) subjected him and his family to harassment and threats. It is the further case of the prosecution that even false cases were got registered against the complainant , which were later dismissed. After inquiry into the complaint, the present FIR came to be registered against the accused. Learned counsel for the petitioners has contended that the petitioners are the parents of the main accused, who is presently res submitted that the dispute in question is essentially matrimonial in nature, as the complainant’s son had gone to Australia after marriage, however, the parties could not adjust with each other and he returned back to India. It is amount of Rs.15,05,000/- was deposited in the account of the petitioners, however, the same was spent on the studies and other expenses. It is further submitted that remaining amount was transferred to the account of the main accused, daughter of the petitioners, by her husband and the entire transaction was part of family arrangements. It is thus contended that there was no intention to cheat the complainant at any point of time. It is also submitted that divorce proceeding well as a domestic violence case have already been initiated in Australia, and therefore, the present dispute has been given a criminal colour despite being matrimonial in nature. Notice of motion. Mr. Sahil Chowdhary, AAG Punjab petition. It is submitted on behalf of the State, duly assisted by learned counsel for the complainant, that the main accused is still in Australia and has not joined the investigation. It is further contended that the petitioners, in conniva other and with the main accused, have duped the complainant party and have cheated them of an amount of about Rs.70 lakhs on the false promise of settling -2- subjected him and his family to harassment and threats. It is the further case of the prosecution that even false cases were got registered against the complainant , which were later dismissed. After inquiry into the complaint, the present Learned counsel for the petitioners has contended that the petitioners are the parents of the main accused, who is presently residing in Australia. It is submitted that the dispute in question is essentially matrimonial in nature, as the complainant’s son had gone to Australia after marriage, however, the parties could not adjust with each other and he returned back to India. It is not disputed that an was deposited in the account of the petitioners, however, the same was spent on the studies and other expenses. It is further submitted that remaining amount was transferred to the account of the main accused, who is the daughter of the petitioners, by her husband and the entire transaction was part of family arrangements. It is thus contended that there was no intention to cheat the complainant at any point of time. It is also submitted that divorce proceedings as well as a domestic violence case have already been initiated in Australia, and therefore, the present dispute has been given a criminal colour despite being Mr. Sahil Chowdhary, AAG Punjab appeared and contested the petition. It is submitted on behalf of the State, duly assisted by learned counsel for the complainant, that the main accused is still in Australia and has not joined the investigation. It is further contended that the petitioners, in connivance with each other and with the main accused, have duped the complainant party and have cheated them of an amount of about Rs.70 lakhs on the false promise of settling subjected him and his family to harassment and threats. It is the further case of the prosecution that even false cases were got registered against the complainant , which were later dismissed. After inquiry into the complaint, the present Learned counsel for the petitioners has contended that the petitioners iding in Australia. It is submitted that the dispute in question is essentially matrimonial in nature, as the complainant’s son had gone to Australia after marriage, however, the parties could not disputed that an was deposited in the account of the petitioners, however, the same was spent on the studies and other expenses. It is further submitted that who is the daughter of the petitioners, by her husband and the entire transaction was part of family arrangements. It is thus contended that there was no intention to cheat the s as well as a domestic violence case have already been initiated in Australia, and therefore, the present dispute has been given a criminal colour despite being contested the petition. It is submitted on behalf of the State, duly assisted by learned counsel for the complainant, that the main accused is still in Australia and has not joined the nce with each other and with the main accused, have duped the complainant party and have cheated them of an amount of about Rs.70 lakhs on the false promise of settling TRIPTI SAINI 2026.03.19 17:39 I attest to the accuracy and integrity of this document CRM-M-15142- their son in Australia. It is thus argued that considering the gravity of the allegations, the petitioners are not entitled to the concession of anticipatory bail. 6. I have heard learned counsel for the parties and have gone through the record. 7. The allegations in the present case are serious in nature and pertain to cheating the compla their son abroad. It is not a case of mere matrimonial discord simpliciter. Rather, from the material on record, it prima facie appears that a large sum of money was obtained from the compla learned counsel for the petitioners that the matter is purely matrimonial cannot be accepted at this stage, particularly when the allegations disclose elements of deception and inducement resulting 8. It is also to be noticed that the main accused, who is the daughter of the petitioners, is stated to be abroad and has not joined the investigation. The role attributed to the present petitioners cannot be said to part of the amount is alleged to have been received in their accounts. The custodial interrogation of the petitioners may be necessary for effective investigation, including tracing the flow of money and uncovering the entire co 9. In cases of this nature, where innocent persons are lured and cheated of substantial amounts on the promise of settling them abroad, the Courts are required to adopt a cautious approach. Grant of anticipatory bail in such circumstances may adversely affect the investigation. 10. In view of the above, this Court does not find any ground to grant the concession of anticipatory bail to the petitioners. is dismissed. -2026 (O&M) their son in Australia. It is thus argued that considering the gravity of the ns, the petitioners are not entitled to the concession of anticipatory bail. I have heard learned counsel for the parties and have gone through the The allegations in the present case are serious in nature and pertain to cheating the complainant party of a substantial amount under the pretext of settling their son abroad. It is not a case of mere matrimonial discord simpliciter. Rather, from the material on record, it prima facie appears that a large sum of money was obtained from the complainant on false assurances. The plea sought to be raised by learned counsel for the petitioners that the matter is purely matrimonial cannot be accepted at this stage, particularly when the allegations disclose elements of deception and inducement resulting in wrongful loss to the complainant. It is also to be noticed that the main accused, who is the daughter of the petitioners, is stated to be abroad and has not joined the investigation. The role attributed to the present petitioners cannot be said to part of the amount is alleged to have been received in their accounts. The custodial interrogation of the petitioners may be necessary for effective investigation, including tracing the flow of money and uncovering the entire co In cases of this nature, where innocent persons are lured and cheated of substantial amounts on the promise of settling them abroad, the Courts are required to adopt a cautious approach. Grant of anticipatory bail in such s may adversely affect the investigation. In view of the above, this Court does not find any ground to grant the concession of anticipatory bail to the petitioners. -3- their son in Australia. It is thus argued that considering the gravity of the ns, the petitioners are not entitled to the concession of anticipatory bail. I have heard learned counsel for the parties and have gone through the The allegations in the present case are serious in nature and pertain to inant party of a substantial amount under the pretext of settling their son abroad. It is not a case of mere matrimonial discord simpliciter. Rather, from the material on record, it prima facie appears that a large sum of money was inant on false assurances. The plea sought to be raised by learned counsel for the petitioners that the matter is purely matrimonial cannot be accepted at this stage, particularly when the allegations disclose elements of in wrongful loss to the complainant. It is also to be noticed that the main accused, who is the daughter of the petitioners, is stated to be abroad and has not joined the investigation. The role attributed to the present petitioners cannot be said to be minimal, especially when part of the amount is alleged to have been received in their accounts. The custodial interrogation of the petitioners may be necessary for effective investigation, including tracing the flow of money and uncovering the entire conspiracy, if any. In cases of this nature, where innocent persons are lured and cheated of substantial amounts on the promise of settling them abroad, the Courts are required to adopt a cautious approach. Grant of anticipatory bail in such s may adversely affect the investigation. In view of the above, this Court does not find any ground to grant the concession of anticipatory bail to the petitioners. Accordingly, the present petition their son in Australia. It is thus argued that considering the gravity of the ns, the petitioners are not entitled to the concession of anticipatory bail. I have heard learned counsel for the parties and have gone through the The allegations in the present case are serious in nature and pertain to inant party of a substantial amount under the pretext of settling their son abroad. It is not a case of mere matrimonial discord simpliciter. Rather, from the material on record, it prima facie appears that a large sum of money was inant on false assurances. The plea sought to be raised by learned counsel for the petitioners that the matter is purely matrimonial cannot be accepted at this stage, particularly when the allegations disclose elements of It is also to be noticed that the main accused, who is the daughter of the petitioners, is stated to be abroad and has not joined the investigation. The role be minimal, especially when part of the amount is alleged to have been received in their accounts. The custodial interrogation of the petitioners may be necessary for effective investigation, nspiracy, if any. In cases of this nature, where innocent persons are lured and cheated of substantial amounts on the promise of settling them abroad, the Courts are required to adopt a cautious approach. Grant of anticipatory bail in such In view of the above, this Court does not find any ground to grant the Accordingly, the present petition TRIPTI SAINI 2026.03.19 17:39 I attest to the accuracy and integrity of this document CRM-M-15142- 11. However, nothing stated hereinabo expression of opinion on the merits of the case. 12. All pending miscellaneous application(s), if any, stands disposed of. March 19, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) However, nothing stated hereinabo expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- However, nothing stated hereinabove shall be construed as an All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No ve shall be construed as an All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.19 17:39 I attest to the accuracy and integrity of this document