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2023 DAILYLAW 5534 (PNJ)

SAHIB SINGH v. STATE OF PUNJAB

CRM-M/14370/2026 · 2026-05-29

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-14370 IN THE HIGH COURT OF PUNJAB & HARYANA 202 SAHIB SINGH STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. Piyush Setia, for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab Ms. Nancy, Mr. Abn 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 318(4), 61(2) BNS at Police Station 2. On the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.5 dated 03.01.2 318(4), 61(2) BNS at Police Station Khuian Sarwar, District Fazilka. 14370-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: SAHIB SINGH Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Piyush Setia, Advocate for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab Ms. Nancy, Advocate and Mr. Abnash Singh, 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.5 dated 03.01.2026 registered under Sections 318(4), 61(2) BNS at Police Station Khuian Sarwar, District Fazilka On 21.05.2026, 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.5 dated 03.01.2 318(4), 61(2) BNS at Police Station Khuian Sarwar, District Fazilka. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-14370-2026 Date of decision: 29.05.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL Mr. Amrit Pal Singh Gill, DAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.5 dated 03.01.2026 registered under Khuian Sarwar, District Fazilka. 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 in case FIR No.5 dated 03.01.2026 registered under Sections 318(4), 61(2) BNS at Police Station Khuian Sarwar, 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.5 dated 03.01.2026 registered under Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner 026 registered under Sections 318(4), 61(2) BNS at Police Station Khuian Sarwar, District GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document. CRM-M-14370 petitioner has been falsely implicated in the present case. He submits that no offence is made out again agreement to sell dated 05.04.2024 was executed between the complainant and his father expired. He further submits that the petitioner is not the executant of the said agreement and the alleged earnest Rs.40 lakhs was in fact received by the father of the petitioner. He further submits that the sale deed was to be executed on 16.12.2024 and the same could not be executed due to disputes between the parties and thereafter the complainant had file civil suit for specific performance which clearly establishes that the dispute between the parties is civil in nature which has been given criminal colour with the sole objective to exert pressure upon the petitioner. He further submits that the allege transaction pertains to the period between January, 2024 and December, 2024 whereas the FIR in question has been registered on 03.01.2026, after an unexplained delay of more than one year, thereby casting serious doubt on the prosecution story. He submit submits that the entire evidence is documentary in nature which is already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from him. Learned counsel has willing to join the investigation as and when called upon to do so by the investigating agency. status report which is taken on record. He while refe same, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. has opposed the grant of anticipatory petitioner has actively participated in the alleged fraud. 14370-2026 2 Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He submits that no offence is made out again agreement to sell dated 05.04.2024 was executed between the complainant and his father-Kulwant Singh, who has since expired. He further submits that the petitioner is not the executant of the said agreement and the alleged earnest Rs.40 lakhs was in fact received by the father of the petitioner. He further submits that the sale deed was to be executed on 16.12.2024 and the same could not be executed due to disputes between the parties and thereafter the complainant had file civil suit for specific performance which clearly establishes that the dispute between the parties is civil in nature which has been given criminal colour with the sole objective to exert pressure upon the petitioner. He further submits that the allege transaction pertains to the period between January, 2024 and December, 2024 whereas the FIR in question has been registered on 03.01.2026, after an unexplained delay of more than one year, thereby casting serious doubt on the prosecution story. He submits that the petitioner has submits that the entire evidence is documentary in nature which is already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from him. 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 has filed the status report which is taken on record. He while refe same, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. Learned counsel appearing on behalf of the complainant has opposed the grant of anticipatory petitioner has actively participated in the alleged fraud. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He submits that no offence is made out against the petitioner as the agreement to sell dated 05.04.2024 was executed between the Kulwant Singh, who has since expired. He further submits that the petitioner is not the executant of the said agreement and the alleged earnest money of Rs.40 lakhs was in fact received by the father of the petitioner. He further submits that the sale deed was to be executed on 16.12.2024 and the same could not be executed due to disputes between the parties and thereafter the complainant had filed a civil suit for specific performance which clearly establishes that the dispute between the parties is civil in nature which has been given criminal colour with the sole objective to exert pressure upon the petitioner. He further submits that the alleged transaction pertains to the period between January, 2024 and December, 2024 whereas the FIR in question has been registered on 03.01.2026, after an unexplained delay of more than one year, thereby casting serious doubt on the prosecution story. He clean antecedents. He further submits that the entire evidence is documentary in nature which is already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from him. Learned 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 filed the status report which is taken on record. He while referring to the same, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are Learned counsel appearing on behalf of the complainant has opposed the grant of anticipatory bail by submitting that the petitioner has actively participated in the alleged fraud. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He st the petitioner as the agreement to sell dated 05.04.2024 was executed between the Kulwant Singh, who has since expired. He further submits that the petitioner is not the money of Rs.40 lakhs was in fact received by the father of the petitioner. He further submits that the sale deed was to be executed on 16.12.2024 and the same could not be executed due to disputes d a civil suit for specific performance which clearly establishes that the dispute between the parties is civil in nature which has been given criminal colour with the sole objective to exert pressure d transaction pertains to the period between January, 2024 and December, 2024 whereas the FIR in question has been registered on 03.01.2026, after an unexplained delay of more than one year, thereby casting serious doubt on the prosecution story. He clean antecedents. He further submits that the entire evidence is documentary in nature which is already in possession of the complainant or the investigating agency, hence, nothing is to be recovered from him. Learned 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 filed the rring to the same, has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are Learned counsel appearing on behalf of the complainant bail by submitting that the GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document. CRM-M-14370 investigation within a week from today and would appear as and when required by the 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 th 482(2) of BNSS, 2023. 3. L the order dated investigation. 4. Learned counsel for th Singh, has submitted that the petitioner ha longer required for further investigation. 5. Learned counsel appearing for the complainant submits that the petitioner has actively grant of bail to the petitioner 6. In view of the statement made by learned State counsel, the interim order dated petitioner shall continue to Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS 29.05.2026 Gurpreet 14370-2026 3 List on 29.05.2026. 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 furnishing of bail/surety bonds to the 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 the order dated 21.05.2026 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 petitioner has actively participated in the alleged fraud. H grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 21.05.2026 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 In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and 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 e conditions as envisaged under Section earned counsel for the petitioner submits that in compliance of passed by this Court, the petitioner has joined the e State, on instructions from SI Jaswinder joined the investigation and is no Learned counsel appearing for the complainant submits that the participated in the alleged fraud. Hence, opposes the In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The 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 In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and 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 e conditions as envisaged under Section earned counsel for the petitioner submits that in compliance of joined the SI Jaswinder no Learned counsel appearing for the complainant submits that the ence, opposes the In view of the statement made by learned State counsel, the passed by this Court, is made absolute. The join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under (RUPINDERJIT CHAHAL) GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document.