IN THE HIGH COURT OF PUNJAB AND HARYANA 108 SUKHDEEP SINGH STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab MANISHA BATRA 1. The present petition has been filed under Section 482 of Nagarik Suraksha Sanhita, 2023 (for of anticipatory bail in case arising out of FIR No. registered under Sections (for short-‘BNS’) 2. The aforementioned FIR has been registered on the basis of the complaint lodged by the Manager of Punjab and Sind Manager, Amritsar, alleging that the petitioner who is Police official had availed loan to the tune of 11.07.2024 for purchasing of a car. As per the terms and conditions of the loan agreement, it was to be repaid in installments. The petitioner installment but thereafter, avoided making payment of the same. being made from the guarantor of the petitioner, it was revealed that he had availed loans amounting to purpose of purchasing vehicles. He had been planning to settle abroad by IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: SUKHDEEP SINGH Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. A.P.S. Sandhu, Advocate for the Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 482 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) of anticipatory bail in case arising out of FIR No. registered under Sections 318(2), 318(4) of Bharatiya Nyaya Sanhita, 2023 ‘BNS’), at Police Station Goindwal Sahib The aforementioned FIR has been registered on the basis of the complaint lodged by the Manager of Punjab and Sind Manager, Amritsar, alleging that the petitioner who is Police official had availed loan to the tune of `16 lakhs from the complainant 11.07.2024 for purchasing of a car. As per the terms and conditions of the loan agreement, it was to be repaid in installments. The petitioner installment but thereafter, avoided making payment of the same. being made from the guarantor of the petitioner, it was revealed that he had availed loans amounting to `1 crore from different financial institutions for the purpose of purchasing vehicles. He had been planning to settle abroad by IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.17738 of 2025 Date of decision: 01.04.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab. The present petition has been filed under Section 482 of Bharatiya ‘BNSS’) by the petitioner for grant of anticipatory bail in case arising out of FIR No.78 dated 09.02.2025 of Bharatiya Nyaya Sanhita, 2023 Goindwal Sahib, District Tarn Taran. The aforementioned FIR has been registered on the basis of the complaint lodged by the Manager of Punjab and Sindh Bank, Branch Verpal Manager, Amritsar, alleging that the petitioner who is Police official had 16 lakhs from the complainant-Bank on 11.07.2024 for purchasing of a car. As per the terms and conditions of the loan agreement, it was to be repaid in installments. The petitioner paid first installment but thereafter, avoided making payment of the same. On inquiry being made from the guarantor of the petitioner, it was revealed that he had 1 crore from different financial institutions for the purpose of purchasing vehicles. He had been planning to settle abroad by Bharatiya by the petitioner for grant 09.02.2025 of Bharatiya Nyaya Sanhita, 2023 The aforementioned FIR has been registered on the basis of the Verpal Manager, Amritsar, alleging that the petitioner who is Police official had Bank on 11.07.2024 for purchasing of a car. As per the terms and conditions of the loan paid first On inquiry being made from the guarantor of the petitioner, it was revealed that he had 1 crore from different financial institutions for the purpose of purchasing vehicles. He had been planning to settle abroad by Jyoti 2025.04.03 15:51 I attest to the accuracy and integrity of this document resigning from his job and thereby, intended Bank but other financial institutions also. It was also revealed that he had not been making re registration of the FIR, invest underway. Apprehending his arrest, the petitioner had moved an application for grant of pre Additional Sessions Judge, Tarn Taran vide order dated 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has clean antecedents. He is ready to join investigation. His custodial interrogation is not required. Simply because he has taken loan been implicated in this case. The ingred cheating are not attracted. Therefore, it is urged that the petition deserves to be allowed. 4. Notice of motion. 5. Le petition is ready to argue the matter. It is submitted by her that there are serious allegations against the petitioner as with intent to cheat the complainant and other financial institutions, `1crore and has not been making repayment of the same and further that he is planning to abscond. It is argued that for conducting thorough investigation in the matter and for the purpose of eliciting which he has been availing loans for purchasing of vehicles from different financial institutions, his custodial interrogation is required. urged that the petition does not deserve to be allowed. CRM-M No.17738 of 2025 m his job and thereby, intended to cheat Bank but other financial institutions also. It was also revealed that he had not been making re-payment of loan to either of the financial institutions. registration of the FIR, investigating proceedings have been initiated and are underway. Apprehending his arrest, the petitioner had moved an application for grant of pre-arrest bail which had been dismissed by the Court of learned Additional Sessions Judge, Tarn Taran vide order dated It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has clean antecedents. He is ready to join investigation. His custodial interrogation is not required. Simply because he has taken loan from more than one Bank and has not repaid the same, he has been implicated in this case. The ingredients for commission of offence cheating are not attracted. Therefore, it is urged that the petition deserves to be Notice of motion. Learned State counsel who has appeared on advance notice of the is ready to argue the matter. It is submitted by her that there are serious allegations against the petitioner as with intent to cheat the complainant and other financial institutions, he has availed loan for a sum of rupees more than 1crore and has not been making repayment of the same and further that he is planning to abscond. It is argued that for conducting thorough investigation in the matter and for the purpose of eliciting information about the reason for which he has been availing loans for purchasing of vehicles from different financial institutions, his custodial interrogation is required. urged that the petition does not deserve to be allowed. M No.17738 of 2025 -2- to cheat not only the complainant- Bank but other financial institutions also. It was also revealed that he had not payment of loan to either of the financial institutions. After igating proceedings have been initiated and are underway. Apprehending his arrest, the petitioner had moved an application arrest bail which had been dismissed by the Court of learned Additional Sessions Judge, Tarn Taran vide order dated 27.02.2025. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has clean antecedents. He is ready to join investigation. His custodial interrogation is not required. Simply because he from more than one Bank and has not repaid the same, he has ients for commission of offence of cheating are not attracted. Therefore, it is urged that the petition deserves to be arned State counsel who has appeared on advance notice of the is ready to argue the matter. It is submitted by her that there are serious allegations against the petitioner as with intent to cheat the complainant and he has availed loan for a sum of rupees more than 1crore and has not been making repayment of the same and further that he is planning to abscond. It is argued that for conducting thorough investigation in information about the reason for which he has been availing loans for purchasing of vehicles from different financial institutions, his custodial interrogation is required. It is therefore, urged that the petition does not deserve to be allowed. - Bank but other financial institutions also. It was also revealed that he had not After igating proceedings have been initiated and are underway. Apprehending his arrest, the petitioner had moved an application arrest bail which had been dismissed by the Court of learned It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has clean antecedents. He is ready to join investigation. His custodial interrogation is not required. Simply because he from more than one Bank and has not repaid the same, he has of cheating are not attracted. Therefore, it is urged that the petition deserves to be arned State counsel who has appeared on advance notice of the is ready to argue the matter. It is submitted by her that there are serious allegations against the petitioner as with intent to cheat the complainant and he has availed loan for a sum of rupees more than 1crore and has not been making repayment of the same and further that he is planning to abscond. It is argued that for conducting thorough investigation in information about the reason for which he has been availing loans for purchasing of vehicles from different It is therefore, Jyoti 2025.04.03 15:51 I attest to the accuracy and integrity of this document 6. I have length. 7. The petitioner is alleged to have obtained loan from the complainant-Bank and as per further allegations, he few installments and alleged to have taken huge amount of loan from other financial institutions during the same period of time purchasing of 4 repaid the loan so taken. He is an employee of Police Department and is not shown to have taken permission from higher authorities for purchase of vehicles. As per the allegations, he has not even produced one of the vehicles purchased by him after availing loan, concerned authorities. committing offence of cheating by causing wrongful loss to the complainant Bank by the petitioner. For conducting thorough investigation in the matter a for eliciting the information about The case is still at nascent stage. Even otherwise, it is well settled position of law that benefit of pre circumstances and no such circumstance has been made out in this case. As such, I am of the considered opinion that the present petition does not deserve to be allowed. Accordingly, the same is dismissed. 01.04.2025 Jyoti-IV CRM-M No.17738 of 2025 I have heard learned counsel for the parties at a considerable The petitioner is alleged to have obtained loan from the Bank and as per further allegations, he few installments and has then stopped paying the same. alleged to have taken huge amount of loan from other financial institutions during the same period of time, i.e. in the month of July 2024, itself purchasing of 4-5 different vehicles and as per the allegations, he has als he loan so taken. He is an employee of Police Department and is not shown to have taken permission from higher authorities for purchase of vehicles. As per the allegations, he has not even produced one of the vehicles purchased by him after availing loan, for physical verification before concerned authorities. The allegations make out a committing offence of cheating by causing wrongful loss to the complainant Bank by the petitioner. For conducting thorough investigation in the matter a for eliciting the information about the truth, his custodial interrogation is must. The case is still at nascent stage. Even otherwise, it is well settled position of law that benefit of pre-arrest bail must be given in exceptional or extraordinary umstances and no such circumstance has been made out in this case. As such, I am of the considered opinion that the present petition does not deserve to be allowed. Accordingly, the same is dismissed. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.17738 of 2025 -3- heard learned counsel for the parties at a considerable The petitioner is alleged to have obtained loan from the Bank and as per further allegations, he has made payment of only then stopped paying the same. Apart from that, he is alleged to have taken huge amount of loan from other financial institutions i.e. in the month of July 2024, itself for 5 different vehicles and as per the allegations, he has also not he loan so taken. He is an employee of Police Department and is not shown to have taken permission from higher authorities for purchase of vehicles. As per the allegations, he has not even produced one of the vehicles for physical verification before The allegations make out a prima facie case for committing offence of cheating by causing wrongful loss to the complainant- Bank by the petitioner. For conducting thorough investigation in the matter and the truth, his custodial interrogation is must. The case is still at nascent stage. Even otherwise, it is well settled position of arrest bail must be given in exceptional or extraordinary umstances and no such circumstance has been made out in this case. As such, I am of the considered opinion that the present petition does not deserve to be allowed. Accordingly, the same is dismissed. (MANISHA BATRA) JUDGE Yes/No. Yes/No heard learned counsel for the parties at a considerable The petitioner is alleged to have obtained loan from the only from that, he is alleged to have taken huge amount of loan from other financial institutions for o not he loan so taken. He is an employee of Police Department and is not shown to have taken permission from higher authorities for purchase of vehicles. As per the allegations, he has not even produced one of the vehicles for physical verification before case for - nd the truth, his custodial interrogation is must. The case is still at nascent stage. Even otherwise, it is well settled position of arrest bail must be given in exceptional or extraordinary umstances and no such circumstance has been made out in this case. As such, I am of the considered opinion that the present petition does not deserve Jyoti 2025.04.03 15:51 I attest to the accuracy and integrity of this document