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2026 DAILYLAW 24412 (PNJ)

SONIA v. STATE OF PUNJAB

CRM-M/21455/2026 · 2026-06-17

Deepak Gupta

body2026

Judgment text

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CRM-M-21455-2026 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21455-2026 Date of decision: 17.06.2026 Sonia ...Peoner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Keshav Chadha, Advocate for the peoner (Through VC). Mr. Ravneet Singh Joshi, DAG, Punjab. Mr. Balbir Singh Sewak, Advocate for the complainant. **** DEEPAK GUPTA, J. (ORAL) By way of the present peon filed under Secon 482 of the Bharaya Nagarik Suraksha Sanhita, 2023, the peoner seeks grant of ancipatory bail in FIR No.176 dated 11.11.2025 registered under Secons 406 and 420 IPC at Police Staon Division No.7, Jalandhar. 2. Status report has been filed. Same is taken on record. 3. Learned counsel submits that the peoner has been falsely implicated. It is argued that the complainant was well acquainted with the peoner and her family as they were residing as tenants in his house. According to learned counsel, the husband of the peoner is residing in Canada and used to send money to the peoner through the complainant, who allegedly carried on financial transacons and money transfer acvies. It is contended that the amounts exchanged between the pares were part of personal financial dealings and not towards sending the complainant's son abroad. Learned counsel further submits that no recovery remains to be effected from the peoner, she is ready to join YOGESH MEHTA 2026.06.17 19:04 I attest to the accuracy and integrity of this document CRM-M-21455-2026 [2] invesgaon and, therefore, custodial interrogaon is not required. 4. Per contra, learned State counsel opposes the peon and submits that specific allegaons have been levelled against the peoner regarding inducement of the complainant and receipt of substanal amounts on the false promise of facilitang immigraon of the complainant's son to Canada. It is argued that the peoner acvely parcipated in the transacon, received money from the complainant and remained in constant coordinaon with her husband, who is presently residing abroad and has not yet been apprehended. Learned State counsel further submits that custodial interrogaon is necessary to trace the money trail, idenfy the role of all conspirators and effect recovery of the cheated amount. 5. I have heard learned counsel for the pares and perused the record. 6. The allegaons in the FIR reveal that the complainant came into contact with the peoner and her family while they were residing in his premises as tenants. It is alleged that the peoner, her mother and other family members represented that the peoner's husband, being a permanent resident of Canada, could arrange immigraon of the complainant's son. Acng upon such representaon, the complainant allegedly paid various amounts from me to me, aggregang approximately ₹19,00,000/-, to the peoner and her associates. It is further alleged that forged or fabricated receipts showing deposit of immigraon fees were subsequently sent to the complainant in order to maintain the decepon. Ulmately, neither was the complainant's son sent abroad nor was the amount returned. 7. At this stage, the allegaons cannot be said to be vague or YOGESH MEHTA 2026.06.17 19:04 I attest to the accuracy and integrity of this document CRM-M-21455-2026 [3] omnibus in nature. Rather, the peoner has been specifically named in the FIR and a direct role has been aFributed to her regarding receipt of money from the complainant and parcipaon in the alleged scheme. Whether the transacons were genuine financial dealings, as sought to be projected by the peoner, or were part of a fraudulent design is a maFer to be invesgated and subsequently adjudicated upon during trial. 8. The contenon that the case is based on documentary evidence and, therefore, custodial interrogaon is unnecessary, does not merit acceptance. Invesgaon in offences involving cheang and immigraon fraud is not confined merely to collecon of documents. The invesgang agency is required to ascertain the complete chain of events, trace the flow of money, idenfy the beneficiaries of the funds, verify the authencity of the documents allegedly supplied to the complainant and determine the role of each parcipant in the conspiracy. Such invesgaon may legimately require custodial interrogaon, parcularly when one of the principal accused, namely the peoner's husband, is stated to be residing abroad and remains beyond the immediate reach of the invesgang agency. 9. The allegaons also disclose commission of an organised economic offence whereby the aspiraons of persons desirous of seFling abroad are allegedly exploited for unlawful gain. Such offences not only result in financial loss to individual vicms but also undermine public confidence in lawful immigraon processes. Economic offences involving cheang and misappropriaon of substanal amounts stand on a different foong and require a thorough invesgaon. 10. The plea that the peoner is ready to join invesgaon is, by itself, not sufficient to entle her to the extraordinary discreonary relief of YOGESH MEHTA 2026.06.17 19:04 I attest to the accuracy and integrity of this document CRM-M-21455-2026 [4] ancipatory bail. The Court is required to balance the individual's liberty with the societal interest in a fair and effecve invesgaon. Where the material collected during invesgaon prima facie indicates acve involvement of the accused and recovery as well as tracing of funds are yet to be completed, grant of ancipatory bail may seriously prejudice the invesgaon. 11. Having regard to the nature and gravity of the allegaons, the specific role aFributed to the peoner, the amount involved, the requirement of tracing the money trail and the necessity of custodial interrogaon for a complete and effecve invesgaon, this Court does not find it to be a fit case for grant of ancipatory bail. 12. Consequently, the present peon is dismissed. 13. However, anything observed herein shall be construed only for the purpose of deciding the present peon and shall not be treated as an expression on the merits of the case during invesgaon or trial. 17.06.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.06.17 19:04 I attest to the accuracy and integrity of this document