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High Court of Punjab and Haryana · body

2024 DAILYLAW 2017 (PNJ)

BALWINDER SINGH v. STATE OF PUNJAB

CRM-M/39151/2024 · 2026-02-02

Sanjay Vashisth

body2024

Judgment text

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CRM-M-39151-2024 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 101 CRM-M-39151-2024 (O&M) Decided on : 02.02.2026 Balwinder Singh . . . Petitioner(s) Versus State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. A.S. Bhinder, Advocate for the petitioner(s). Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH , J. (Oral) 1. Petitioner – Balwinder Singh, has filed the instant petition under Section 482 of BNSS, 2023, for grant of anticipatory bail in FIR No.71, dated 28.06.2024, under Sections 406, 420 of IPC, registered at P.S. NRI, SAS Nagar (Annexure P-8). 2. Learned counsel for the petitioner contends that vide order dated 06.11.2024, petitioner was granted the concession of interim bail, by observing as under:- “ Learned State counsel has filed status report by way of an affidavit of Deep Kamal, PPS, Superintendent of Police, NRI Wing, District S.A.S. Nagar on behalf of respondent-State. Although the said reply is accompanied by statement of account, but the learned State counsel submits that a concise statement with respect to monthly withdrawals as had been directed to be prepared vide order dated 21.10.2024 by this Court, could not be prepared. He has thus, requested for an adjournment to do the needful so as to place on record concise statement in compliance of earlier order dated 21.10.2024. Mr. Atul Kumar, Advocate who had earlier appeared on behalf of the complainant has requested for more time to file Power of Attorney. Learned counsel for the petitioner has today furnished copies of medical record with respect to the parents of the petitioner. As per the photocopy of the PGI, OPD Card with respect to Chattar Singh, stated to be father of the petitioner, he was examined in the Department of Neurology. As per medical record of petitioner’s mother Baljit Kaur, she JAWALA RAM 2026.02.03 20:00 I attest to the accuracy and authenticity of this document CRM-M-39151-2024 (O&M) - 2 - had been admitted in General Hospital, Sector 16, Chandigarh on 02.11.2024 and was discharged on 04.11.2024 having been referred to Emergency Pulmonology, PGIMER for further treatment. The PGI Card also annexed with the petition shows that she was examined at PGI, OPD on 04.11.2024 pertaining to the alleged chest infection. Learned counsel for the petitioner submits that there is none else in the family of the petitioner to look after his parents as both are in hosptial. He has prayed for grant of interim bail. In view of the aforestated position, wherein learned State counsel and counsel for the complainant are requesting for an adjournment, and the medical record produced by the petitioner shows that both of his parents are in hospital, the matter is adjourned to 21.01.2025. Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. Learned State counsel is directed to place on record the requisite documents on the next date of hearing.” 3. Learned counsel for the petitioner further submits that, in compliance with the aforesaid directions, the petitioner has already joined the investigation. During the course of previous hearings, it was observed that an amount of Rs. 6,50,000/- was required to be deposited by the petitioner before the concerned Court in the form of a Fixed Deposit Receipt (FDR) from a nationalized bank. Consequently, while continuing the interim order of bail, the petitioner was granted several opportunities by this Court. Earlier, on 09.12.2025, the case was adjourned to enable the petitioner to deposit the aforesaid amount of Rs. 6,50,000/-. The order dated 09.12.2025 reads as under:- “1. After going through the allegations mentioned in the FIR as well as status report dated 06.11.2024 and 21.01.2025, it comes out that total amount of Rs.6,67,140/- has been withdrawn by the petitioner from HDFC bank account of the deceased Inder Singh. Said amount has been withdrawn after the death of Inder Singh, which happened on 30.08.2023. 2. Although, petitioner was granted the concession of interim bail by the co-ordinate Bench of this Court, vide order dated 06.11.2024, however challan being not presented and State wishes to seek custodial interrogation of the petitioner, let an amount of Rs.6,50,000/- be deposited by the petitioner before the concerned Court in the shape of FDR from the nationalised bank. 3. List again on 02.02.2026. 4. Interim order to continue. 5. However, it is made clear that in case, amount of Rs.6,50,000/- is not deposited by the petitioner before the next date of hearing fixed by this Court, present petition would be decided, in JAWALA RAM 2026.02.03 20:00 I attest to the accuracy and authenticity of this document CRM-M-39151-2024 (O&M) - 3 - accordance with law.” 4. Today, learned counsel for the petitioner submits that the aforesaid condition could not be complied with and, therefore, the requisite amount has not been deposited. 5. In view of the fact that several opportunities have already been granted to the petitioner, yet he has failed to comply with the directions of this Court, the present petition stands dismissed accordingly. However, considering that the petitioner was granted the concession of interim bail at an earlier stage and had joined the investigation, it is directed that in the event the petitioner surrenders before the Court concerned on or before 25.02.2026, he shall be released on regular bail thereafter, subject to furnishing bail/surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned. Petition stands disposed of in above terms. Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE February 02, 2026 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2026.02.03 20:00 I attest to the accuracy and authenticity of this document