CRM-M-34707-2026 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (234) CRM-M-34707-2026 Date of decision: 07.07.2026 MOHD RASHID …... Petitioner V/s STATE OF HARYANA ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Akash Sheoran, Advocate, for the petitioner. Mr. T.P. Singh, Senior DAG, Haryana. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition under Section 483 BNSS, 2023 (Section 439 Cr.P.C) is for the grant of the regular bail to the petitioner in FIR No.394 dated 16.10.2024 under Sections 419, 420, 467, 468, 471 and 120-B IPC, 1860 (Sections 319(2), 318(4), 336(2), 336(3), 388 and 61 of BNS, 2023) registered at Police Station City Sohna, District Gurugram, Haryana. 2. The learned counsel for the petitioner contends that Nitish, the beneficiary of the GPA, has been granted the concession of bail along with one Narbir @ Narbir Huda @ Narbir Singh Hudda, who is a conspirator, vide order dated 20.05.2026. The petitioner is a witness to the GPA. As the petitioner is in custody since 23.10.2025 but only 06 of the 36 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon, and therefore, he is entitled to the concession of bail. KUSUM 2026.07.08 10:28 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-34707-2026 ::2:: 4. The learned counsel for the State, on the other hand, submits that as per the allegations, one Gautam impersonated the complainant and executed the GPA in favour of Nitin. The petitioner was the witness to the said GPA. One Narbir @ Narbir Huda @ Narbir Singh Hudda is a conspirator. On the basis of the said GPA, a sale deed was executed in favour of one Subhash Rathi. The nature of allegations levelled against the petitioner do not entitle him to the concession of bail as prayed for. He, however, concedes that the petitioner is in custody since 23.10.2025, that only 06 of the 36 prosecution witnesses have been examined so far, that two co-accused namely Nitin and Narbir @ Narbir Huda @ Narbir Singh Hudda have been granted the concession of bail vide order dated 20.05.2026, and that the case is triable by the Court of a Magistrate. 5. I have heard the learned counsel for the parties. 6. This Court in the case titled as Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab bearing CRM-M24033- 2021(O&M) Decided on 31.08.2022 has held as under:- “Therefore, broadly speaking (subject to any statutory restrictions contained in Special Acts) , in economic offences involving the IPC or Special Acts or cases triable by Magistrates once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule. However, this would not prevent the Court from granting bail even prior to the completion of investigation if the facts so warrant.” 7. The veracity of the prosecution case against the petitioner and KUSUM 2026.07.08 10:28 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-34707-2026 ::3:: his co-accused shall be adjudicated during the course of the Trial. Admittedly, the petitioner is in custody since 23.10.2025 but only 06 of the 36 prosecution witnesses have been examined so far. Therefore, the Trial in the present case is not likely to be concluded anytime soon. The present case is triable by the Court of a Magistrate and no serious apprehension has been expressed by the State that the petitioner would abscond from justice, tamper with the evidence or influence witnesses if granted the concession of bail. Therefore, in this situation, the further incarceration of the petitioner is not required, moreso, when two co-accused has been granted the similar concession of bail. 8. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Mohd. Rashid S/o Mohd. Fakruddin is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned. 9. The present petition stands disposed of. 10. The pending application(s), if any, shall stand disposed of accordingly. July 07, 2026 ( JASJIT SINGH BEDI) Kusum JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUSUM 2026.07.08 10:28 I attest to the accuracy and integrity of this document PHHC Chandigarh