CRM-M-34216-2026 1 208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34216-2026 Date of Decision: 17.07.2026 AVTAR SINGH @ AVTAR SINGH MAHEY ...Petitioner Vs. STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Arun Takhi, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. AG, Punjab. Ms. Simran Atwal, Advocate for the complainant. VIRINDER AGGARWAL , J. (Oral) 1. The present first petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 Cr.P.C.), seeking grant of regular bail to the petitioner in FIR No. 0075 dated 06.04.2026, registered under Sections 305, 318(4), 336(2), 336(3), 338, 340(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 284, 420, 465, 468, 467, 471 and 506 of the Indian Penal Code, 1860), at Police Station City, District Shaheed Bhagat Singh Nagar (Nawanshahr), during the pendency of trial. 2. As per the prosecution case, the present FIR was registered on the complaint of Makhan Singh, who alleged that the petitioner had dishonestly stolen/misappropriated his cheque book and, by forging and fabricating the signatures and entries thereon, prepared forged cheques and other documents. It is further alleged that the petitioner used the said forged cheques as genuine by instituting complaints under Section 138 of the KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34216-2026 2 Negotiable Instruments Act against the complainant and his wife with an intention to cheat, cause wrongful loss and extend threats to them. On the basis of these allegations, present FIR was registered and investigation was set into motion. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and that the present FIR is nothing but a malicious counterblast to the proceedings initiated by him under Section 138 of the Negotiable Instruments Act against the complainant and his wife, who had already been summoned by the competent Court. It is contended that the complainant had borrowed money from the petitioner and had issued cheques towards discharge of his liability, which were dishonoured, leading to the institution of the complaints under the N.I. Act. It is further submitted that, prior to registration of the present FIR, two separate inquiries conducted by the Superintendent of Police (Investigation) had recommended filing of the complaints made by the complainant, yet the police ignored its own inquiry reports and proceeded to register the FIR. 3.1 Learned counsel further argues that the present case has been registered without obtaining any opinion from a Handwriting Expert or the Forensic Science Laboratory regarding the alleged forged signatures and documents. It is submitted that the investigation stands completed, the petitioner is no longer required for custodial interrogation, and the trial is likely to take considerable time to conclude. The petitioner undertakes to abide by all the conditions that may be imposed by this Court and prays that the concession of regular bail be granted. 4. Notice of motion. KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34216-2026 3 5. Mr. Baljinder Singh Sra, Addl. AG, Punjab, Haryana, has put in appearance on behalf of the respondent-State and has filed the custody certificate dated 16.07.2026, which is taken on record, subject to all just exceptions. As per the custody certificate, the petitioner has already undergone a total custody period of 03 months and 03 days. Ms. Simran Atwal, Advocate has put in appearance on behalf of the complainant and opposes the grant of regular bail. 6. Learned State counsel, assisted by learned counsel for the complainant, opposes the prayer for regular bail and submits that the allegations against the petitioner are serious in nature and involve offences of cheating, forgery and use of forged documents. It is argued that the investigation has collected material connecting the petitioner with the alleged offences and, therefore, no ground is made out for grant of regular bail. It is further submitted that the petitioner is involved in other criminal cases and, therefore, does not deserve the concession of bail. Accordingly, dismissal of the present petition is prayed for. 7. Be that as it may, considering the fact that the petitioner had admittedly instituted complaints under Section 138 of the Negotiable Instruments Act against the complainant and his wife prior to the registration of the present FIR, and the petitioner has raised a plea that the present FIR is a counterblast to the said proceedings, which aspect would be a matter of evidence during trial, coupled with the fact that the investigation in the present case stands completed, the challan has already been presented before the learned Trial Court, and the petitioner is no longer required for any custodial interrogation, this Court is of the considered view that further KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34216-2026 4 incarceration of the petitioner would serve no useful purpose. Moreover, the trial is likely to consume considerable time before reaching its logical conclusion. 8. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 9. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the investigating agency. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34216-2026 5 directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. 5. The petitioner shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law. 6. The petitioner shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days from the date of such change. 7. The petitioner shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34216-2026 6 aforesaid conditions or his unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. (VIRINDER AGGARWAL) JUDGE 17.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.17 18:04 I attest to the accuracy and integrity of this document Chandigarh