CRM-M-25305-2025 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-25305-2025 Reserved on: 11th July, 2025 Pronounced on: 15 th July, 2025 Amarjit Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Sudhir Kumar Pandey, Advocate for the petitioner. Ms. Sheenu Sura, Deputy Advocate General, Haryana. *** MANISHA BATRA, J :- The present petition has been filed by the petitioner seeking grant of anticipatory bail in case bearing FIR No. 40 dated 03.02.2023 registered under Sections 120-B, 406 and 420 of IPC at Police Station Sector 14, Panchkula. 2. As per the allegations, on 24.02.2021, the accused Rashmi Kiran approached the Bank of India, Sector 16, Panchkula branch for obtaining loan. She offered gold ornaments weighing 295.70 grams as security. The co-accused Deepak Bhola, who was a valuer on panel of the bank tested the gold and issued a certificate of purity and genuineness of the gold. Gold loan to the tune of Rs. 10,36,000/- was disbursed to accused Rashmi Kiran on the basis of that report. She turned defaulter. Her loan account was declared NPA and a legal notice was issued to her. Since she failed to repay the loan, hence, for the purpose of conducting auction of the Parveen Sharma 2025.07.16 11:42 I attest to the accuracy and integrity of this document CRM-M-25305-2025 2- pledged gold, it was got reappraised from two more goldsmiths who opined that the gold so deposited by accused Rashmi Kiran, was fake and she in- connivance with co-accused Deepak Bhola had caused wrongful loss to the tune of Rs. 10,76,407/- to the bank. On the complaint of Assistant General Manager of the bank, the aforementioned FIR was registered. 3. The accused Rashmi Kiran was arrested. She suffered disclosure statement to the effect that she had arranged the fake gold from the present petitioner and he was nominated as accused. Accused Deepak Bhola was arrested on 09.05.2025. He too was interrogated and suffered disclosure statement admitting his involvement in the crime and also that it was on asking of the petitioner that he had arranged fake gold for accused Rashmi Kiran and had handed over the same to the petitioner. He further disclosed that the petitioner had given fake gold to Rashmi Kiran and had received a sum of Rs. 1,50,000/-. Investigation against co-accused has since been completed and challan stands presented. Apprehending his arrest, the petitioner moved an application for grant of pre-arrest bail before the learned Additional Sessions Judge, Panchkula, which was dismissed vide order dated 30.04.2025. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of co-accused which cannot be considered to be admissible in evidence. He was not named in the FIR. Infact, the officials of the complainant bank have changed original certified gold jewellery with fake gold jewellery. He has been wrongly nominated by the co-accused. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to Parveen Sharma 2025.07.16 11:42 I attest to the accuracy and integrity of this document CRM-M-25305-2025 3- be effected from him. As such, it is stressed that he deserves to be given benefit of pre-arrest bail. 5. Status report has been filed. It is argued by learned Deputy Advocate General, Haryana, that keeping in view the gravity of the allegations levelled against the petitioner, he does not deserve to be given benefit of pre-arrest bail. He has criminal antecedents as he is involved in two more cases of cheating and forgery. There are chances of his committing similar offences, if extended benefit of bail. Therefore, it is urged that the petition does not deserve to be allowed. 6. I have heard learned counsel for the parties at considerable length and have gone through the record carefully. 7. The petitioner is alleged to have connived with the co-accused and is further alleged to have intentionally supplied fake gold to co-accused Rashmi Kiran, who secured loan of a sum of Rs. 10,36,000/- from the complainant-Bank. The petitioner is alleged to have given a sum of Rs. 6,00,000/- to co-accused Deepak Bhola and retained a sum of Rs. 1,50,000/- as his commission in the entire transaction. He has criminal antecedents as he is shown to be involved in two more cases of similar nature. The allegations against the petitioner are serious in nature. It is well settled that custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of BNSS. Many useful information can be disinterred during custodial interrogation. It is also a matter of discretion to grant or not to grant pre-arrest bail. Keeping in view the nature of the subject offences and no extra ordinary circumstance is shown to have been made out Parveen Sharma 2025.07.16 11:42 I attest to the accuracy and integrity of this document CRM-M-25305-2025 4- in this case, I am of the considered opinion that custodial interrogation of the petitioner is required for conducting thorough investigation in the matter by the police. Accordingly, no ground for extending benefit of pre-arrest bail is made out. Hence, the petition stands dismissed. 8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 9. Since the main petition has been dismissed, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 15 th July, 2025 Parveen Sharma 1. Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No Parveen Sharma 2025.07.16 11:42 I attest to the accuracy and integrity of this document