102+228 IN THE HIGH COURT OF PUNJAB AND HARYANA SUKHCHAIN SINGH STATE OF HARYANA CORAM: HON’BLE MR. Present: Dr. Mr. Vikas Bhardwaj, AAG, Haryana. Mr. Sanjeev Majra, Advocate for the HARPREET SINGH BRAR CRM-11620-2025 Allowed as prayed for. Copy of documents i.e. sale deed dated 13.03.2006, civil suits bearing Nos.1535 of 2023 and 983 of 2024 are taken on record as Annexures P-3 to P-6 respectively. MAIN CASE 1. Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.56 dated 11.02.2025 under Sections 120 Penal Code, 1860, registered Kurukshetra. 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM CRM Date of decision: 21.04. SUKHCHAIN SINGH V/S HARYANA HON’BLE MR. JUSTICE HARPREET SINGH BRAR r. Rishi Pal Singh, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. Mr. Sanjeev Majra, Advocate for the **** HARPREET SINGH BRAR, J. (ORAL) 2025 Allowed as prayed for. Copy of documents i.e. sale deed dated 13.03.2006, civil suits bearing Nos.1535 of 2023 and 983 of 2024 are taken on record as Annexures 6 respectively. Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.56 dated 11.02.2025 under Sections 120 Penal Code, 1860, registered at Police Station City Thanesar, District On 18.03.2025, following order was passed: “Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-11620-2025 in/and CRM-M-14321-2025 (O & M) Date of decision: 21.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. Mr. Sanjeev Majra, Advocate for the complainant. Copy of documents i.e. sale deed dated 13.03.2006, civil suits bearing Nos.1535 of 2023 and 983 of 2024 are taken on record as Annexures Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.56 dated 11.02.2025 under Sections 120-B, 419, 420 of the Indian at Police Station City Thanesar, District , following order was passed: Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment CRM-11620-2025 CRM-M-14321 2025 in/and 14321-2025 (O & M) ‘BNSS’) seeking anticipatory bail in FIR No.56 d 11.02.2025 under Sections 120 Penal Code, 1860, registered at Police Station City Thanesar, District Kurukshetra. Learned counsel for the petitioner, inter alia, contends that the plot in question was purchased by father of the petitioner and the complainant. The petitioner never prepared forged and fabricated documents and he only sold his 1/3rd share in the plot on 13.03.2006, whereas the FIR (supra) was registered after a gap of about 19 years and the civil suit between t Further, the maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07 years and no notice under Section 35(3) of BNSS [erstwhile Section 41- Procedure, 1973 (for short ‘Cr.P.C.’)] has been served upon the petitioner. Notice of motion. Mr. Vikas Bhardwaj, AAG, Haryana, who is present in the Court, accepts notice on behalf of the respondent State and Mr. Sanjeev Majra, Advocate appears on behalf of the complainant and files his Vakalatnama in the Court today, which is taken on record. Registry is directed to tag the same at the appropriate place of the case file. Learned State counsel, assisted by learned counsel for the complainant, opposes the pr anticipatory bail to the petitioner on the ground that there are specific allegations against the petitioner that he produced an imposter in place of the complainant and got the sale deed registered on 13.03.2006. As such, the petitioner is not entitled to the concession of anticipatory bail. Adjourned to 21.04.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 2 ‘BNSS’) seeking anticipatory bail in FIR No.56 dated 11.02.2025 under Sections 120-B, 419, 420 of the Indian Penal Code, 1860, registered at Police Station City Thanesar, District Kurukshetra. Learned counsel for the petitioner, inter alia, contends that the plot in question was purchased by father the petitioner and the complainant. The petitioner never prepared forged and fabricated documents and he only sold his 1/3rd share in the plot on 13.03.2006, whereas the FIR (supra) was registered after a gap of about 19 years and the civil suit between the parties is already pending. Further, the maximum sentence provided for the offences, under which the FIR (supra) is registered, is punishable upto 07 years and no notice under Section 35(3) of BNSS -A of the Code of Criminal re, 1973 (for short ‘Cr.P.C.’)] has been served Notice of motion. Mr. Vikas Bhardwaj, AAG, Haryana, who is present in the Court, accepts notice on behalf of the respondent- State and Mr. Sanjeev Majra, Advocate appears on behalf the complainant and files his Vakalatnama in the Court today, which is taken on record. Registry is directed to tag at the appropriate place of the case file. Learned State counsel, assisted by learned counsel for the complainant, opposes the prayer for grant of anticipatory bail to the petitioner on the ground that there are specific allegations against the petitioner that he produced an imposter in place of the complainant and got the sale deed registered on 13.03.2006. As such, the is not entitled to the concession of anticipatory Adjourned to 21.04.2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. shtra and others 2010 SCC OnLine SC MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment CRM-11620-2025 CRM-M-14321 3. Learned State counsel submits that in compliance of order dated petitioner has joined the investigation interrogation. 4. Keeping in view the statement made by learned the order dated 18.03.2025 terms and conditions enumerated in Section Section 438(2) Cr.P.C.) 5. The petition is accordingly disposed of. 2025 in/and 14321-2025 (O & M) 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833 directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of Cr.P.C.). If the Arresting Offi petitioner to join the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.” Learned State counsel, on instructions from submits that in compliance of order dated 18.03.2025 petitioner has joined the investigation and is not required for further custodial Keeping in view the statement made by learned 18.03.2025, is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 482(2) BNSS, 2023 Section 438(2) Cr.P.C.) The petition is accordingly disposed of. 3 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is o appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of Cr.P.C.). If the Arresting Officer does not permit the investigation, he would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in on instructions from SI Tejvir Singh, 18.03.2025 passed by this Court, the and is not required for further custodial Keeping in view the statement made by learned State Counsel, , is made absolute. The petitioner shall abide by the 482(2) BNSS, 2023 (Erstwhile The petition is accordingly disposed of. MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment CRM-11620-2025 CRM-M-14321 6. Nothing observed hereinabove shall be expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. April 21, 2025 manisha (i) (ii) 2025 in/and 14321-2025 (O & M) Nothing observed hereinabove shall be expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. (HARPREET Whether speaking/reasoned Whether reportable 4 Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.21 19:09 I attest to the accuracy and authenticiy of this order/judgment