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CRM-M-33478-2026
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
244
CRM-M-33478-2026
Date of decision : 06.07.2026
SAHIL KUMAR BHARTI
... PETITIONER
Versus
STATE OF PUNJAB
.. RESPONDENT
CORAM : HON'BLE MR. JUSTICE H.S.GREWAL
Present:- Mr. Kushagra Mahajan, Advocate for the petitioner.
Mr. Subhash Godara, Addl. A.G., Punjab.
***
H.S. Grewal, J.(Oral)
1.
The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) seeking regular bail to the petitioner in case FIR No.84 dated 04.04.2026, under Sections 318(4), 336(3), 340(2), 61(2) of BNS, 2023 (corresponding to Sections 420, 468, 471 & 120-B IPC), registered at Police Station B Division, District Amritsar.
2.
The case of the prosecution is that in a complaint case registered under Section 138 of the Negotiable Instruments Act, the petitioner furnished a fake surety in the name of one Dharambir Singh and the bail bonds submitted on behalf of the petitioner were subsequently found to be forged/fake.
3.
Learned counsel for the petitioner, however, submits that the petitioner had no knowledge regarding the antecedents or genuineness of the aforesaid surety. It is further submitted that there is no incriminating material SONIA GUGNANI 2026.07.06 18.27 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-33478-2026
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available on record to establish any conspiracy or connivance between the petitioner and the said surety in the alleged commission of the offence. He further submits that the petitioner is in custody for the last more than 02 months and 28 days and is not involved in any other case. He, therefore, prays for release of the petitioner on regular bail as the trial is likely to take a long time as none of the prosecution witness has been examined so far. 4. Notice of motion. 5. On the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, accepts notice on behalf of the State and vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the custody certificate of the petitioner in Court, which is taken on record. As per the custody certificate, the petitioner is in custody for the last more than 02 months and 28 days. He, upon instructions, submits that none of the prosecution witness has been examined so far. 6. Ms. Kesar Arora, Advocate for Mr. Umesh Aggarwal, Advocate has put in appearance on behalf of the complainant and filed the Power of Attorney in Court, which is taken on record. She vehemently opposes the prayer for grant of regular bail to the petitioner. 7. I have heard the learned counsel for the parties and perused the record. 8. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 02 months and 28 days, he is not involved in any other case and that the trial is likely to take a long time to conclude as none of the prosecution witness has been examined so far, therefore, this Court deems it appropriate to grant the SONIA GUGNANI 2026.07.06 18.27 I attest to the accuracy and integrity of this document Chandigarh
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concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice. 9.
9. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 10. However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail. (H.S.GREWAL) July 06, 2026
JUDGE Sonia
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No SONIA GUGNANI 2026.07.06 18.27 I attest to the accuracy and integrity of this document Chandigarh