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2025 DAILYLAW 7678 (PNJ)

JASWINDER SINGH v. STATE OF PUNJAB

CRM-M/33104/2025 · 2026-07-14

Sanjay Vashisth

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 102 CRM-M-33104-2025 DECIDED ON: 14.07.2026 JASWINDER SINGH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Arjun Shukla, Advocate, for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. Mr. A.P.S. Mann, Advocate, for the complainant. SANJAY VASHISTH , J (ORAL) 1. Present petition has been filed by the petitioner, seeking grant of anticipatory bail, in case, FIR No.154, dated 25.04.2025, under Sections 420, 465, 467, 468, 471 of IPC registered at Police Station City Kharar, District SAS Nagar. 2. After hearing the submissions addressed by counsel for the petitioner, on 23.06.2025, following order was passed:- “1. xxxx xxxx xxxx xxxx 2. Genesis of the present FIR arises from the sanction of a personal loan on 24.07.2012 by the Punjab State Cooperative Agricultural Development Bank, Kharar (for short, ‘PADB, Kharar’) to one Satnam Singh. The loan amount was allegedly shown as cleared on the basis of a purported clearance certificate bearing No. 182 dated 18.06.2018, allegedly issued by the petitioner in his capacity as Branch Manager. As per the allegations, the loan was shown to have been repaid through cheque No. LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-33104-2025 -2- 239898 dated 27.07.2012; however, no such cheque was actually credited to the account of PADB, Kharar. Learned counsel for the petitioner submits that during his service period, the petitioner was reverted in rank for unjustified reasons and his salary was also reduced. A punishment of dismissal from service was passed on 24.08.2022, which is presently pending before the Appellate Authority, after disposal of a writ petition by this Hon’ble Court permitting the petitioner to file an appeal before the competent authority. It is further argued that the entire dispute is of a civil nature, and even if any criminality is alleged, the element of mens rea on the part of the petitioner is yet to be established beyond a shadow of doubt. It is also submitted that custodial interrogation of the petitioner is not warranted, as the case is based primarily on documentary evidence already available with the concerned office. Therefore, there is no urgency in taking the petitioner into custody. Counsel submits that petitioner is ready and willing to join the investigation and cooperate with the investigating agency, accordingly, he prays for grant of anticipatory bail. 3. Notice of motion. On advance notice, Mr. Manjinder Sing Bhullar, DAG, Punjab puts in appearance on behalf of the respondent – State. He seeks some time to file reply. 4. Adjourned to 19.08.2025. 5. Till the next date of hearing, arrest of the petitioner shall remain stayed. However, the issue of the petitioner’s joining the investigation will be examined after considering the reply of the respondent/State.” 3. Thereupon, after hearing the submissions addressed by counsel for the petitioner, on 04.05.2026, following order was passed:- “1. Learned State counsel has produced a photocopy of the status report, which is taken on record. Registry is directed to tag the same at the appropriate place on the file. 2. Although, there is an allegation that petitioner received an amount of Rs.4 lakhs, but status report does not clarify whether the said amount was received in cash or through bank transfer. If received through banking channels, the relevant details, including particulars of the bank account and the period during LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-33104-2025 -3- which such amount was received, have not been furnished. Furthermore, in paragraph No.8 of the status report, reference has been made to another case, i.e., FIR No.01 dated 04.01.2019, registered under Sections 420, 465, 471 and 472 IPC at Police Station City Rupnagar, District Rupnagar; however, no further details in respect thereof have been provided. 3. Let an additional affidavit be filed by the State addressing the aforesaid aspects. 4. List again on 11.05.2026. 5. Interim order dated 23.06.2025 (passed in CRM-M-33104- 2025) to continue. 6. A photocopy of this order be placed on the file of other connected case.” 4. Today, while continuing his submissions, learned counsel for the petitioner contends that it is an admitted fact that an amount of Rs.4,00,000/- was advanced by the complainant-Satnam Singh, who was himself the borrower of a personal loan of the said amount from the PADB Bank, Kharar. It is submitted that despite availing the loan, complainant failed to repay the outstanding amount to the Bank and has now lodged the present complaint under the guise of alleging that he had paid the said sum of Rs.4,00,000/- to the petitioner through a self-cheque. Transaction, if any, was purely a private monetary transaction between two individuals, namely petitioner and complainant, with which the Bank had no concern. 5. Learned counsel further submits that allegation regarding the issuance of clearance certificate dated 18.06.2018, purportedly bearing the signatures of petitioner, is wholly misconceived. It is further submitted that petitioner is ready and willing to furnish his specimen handwriting and signatures before the Investigating Agency, under the supervision of learned Area Magistrate, for the purpose of comparison. LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-33104-2025 -4- 6. The aforesaid suggestion is accepted by learned State counsel as well as learned counsel appearing for the complainant. 7. Learned State counsel has also filed status report dated 08.05.2026 in Court today, and the same is taken on record. Registry is directed to tag the said status report at the appropriate place in the paper- book. 8. In view of the aforesaid circumstances, this Court is of the prima facie opinion that allegations are required to be established primarily on the basis of documentary evidence, including the comparison of disputed handwriting and signatures with the specimen handwriting and signatures of the petitioner, in accordance with law. 9. Therefore, in the facts and circumstances of the case, this Court does not find it necessary to keep the present petition pending any further and, accordingly, deems it appropriate to dispose of the same, with the direction to the petitioner to join the investigation within two weeks from today or as and when called by the investigating officer, and in the eventuality of the arrest, petitioner would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 10. However, it is made clear that, during the course of investigation as and when required by the Investigating Agency, petitioner shall furnish his specimen handwriting and specimen signatures, and the same shall be obtained in the presence and LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-33104-2025 -5- supervision of learned Illaqa Magistrate/Duty Magistrate, in accordance with law. 11. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 12. With the directions recorded here above, present petition stands disposed of. (SANJAY VASHISTH) 14.07.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh