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High Court of Punjab and Haryana · body

2026 DAILYLAW 32137 (PNJ)

VINOD KUMAR v. STATE OF PUNJAB

CRM-M/27183/2026 · 2026-07-21

Virinder Aggarwal

Transfer Petitionbody2026

Judgment text

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CRM-M-27183-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 CRM-M-27183-2026 (O&M) Decided on: 21.07.2026 VINOD KUMAR ……Petitioner Versus STATE OF PUNJAB ..…Respondent CORAM : HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: - Ms. Ashanpreet Kaur, Advocate with Mr. Yashpal Thakur, Advocate for the petitioner. Ms. Navreet Kaur, Asstt. AG, Punjab. Mr. Jaskamal Singh Grewal, Advocate for the complainant. VIRINDER AGGARWAL, J. (Oral) 1. The present petition has been instituted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail pending trial in connection with FIR No. 10 dated 27.03.2026, registered under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 418, 467, 463, 471 and 120-B of the Indian Penal Code, 1860) and Section 66(D) of the GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-27183-2026 (O&M) -2- Information Technology Act, 2008, at Police Station Cyber Crime, Khanna, Police District Khanna, Punjab (Annexure P-1). 2. Briefly stated, the prosecution case is that an amount of ₹53,74,000/- , being the retirement benefits of Iqbal Singh, was credited to his bank account bearing No. 060051100001497. Iqbal Singh is stated to have expired on 07.11.2024. It is alleged that co-accused Vinod Kumar Dabla, by procuring a cheque book in the name of the deceased on 01.09.2025 and by using forged cheques purportedly issued by him, fraudulently withdrew the aforesaid amount from the bank account without the knowledge or consent of the complainant, Pritpal Singh, son of the deceased. On the basis of these allegations, the present FIR was registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, along with Section 66(D) of the Information Technology Act, 2008, and investigation was set into motion. 3. The custody certificate produced by the learned State counsel is taken on record, subject to all just exceptions. 3.1. Learned State counsel has filed a reply by way of affidavit of Mohit Kumar Singla, PPS, Deputy Superintendent of Police (D), Police District Khanna, District Ludhiana, on behalf of the respondent-State of Punjab. Learned State counsel, duly assisted by learned counsel appearing for the complainant, has vehemently opposed the prayer for grant of regular bail, contending that, having regard to the nature, gravity and seriousness of the allegations, the magnitude of the alleged financial fraud, GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-27183-2026 (O&M) -3- and the role attributed to the petitioner in facilitating the commission of the offence, he does not deserve the concession of regular bail at this stage. It is, therefore, prayed that the present petition, being devoid of merit, deserves to be dismissed. 4. I have heard the learned counsel for the respective parties at considerable length and have carefully examined the paper book as well as the material placed on record with their able assistance. 5. Having bestowed thoughtful consideration to the rival submissions and upon a prima facie appraisal of the material available on record, this Court finds that the allegation against the petitioner is that he acted as a facilitator in the encashment of the forged cheques by serving as an intermediary between the alleged beneficiary of the fraudulent transaction and Yuvraj Trading Company. It is also not disputed that the petitioner has been nominated primarily on the basis of the disclosure statements of the co-accused. 5.1. Learned State counsel, assisted by learned counsel for the complainant, submits that the petitioner played an active role in the commission of the alleged offence and, therefore, is not entitled to the concession of bail. 5.2. Be that as it may, the petitioner has remained in judicial custody for the last three months and nineteen days. The investigation stands concluded, the final report has already been presented before the competent Court, and the offences alleged are triable by a Magistrate. The GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-27183-2026 (O&M) -4- petitioner is no longer required for custodial interrogation. The trial is at its nascent stage and is not likely to conclude in the near future. Consequently, continued incarceration of the petitioner would serve no useful purpose. The right to a speedy trial, being an integral facet of Article 21 of the Constitution of India, also deserves due consideration in the facts and circumstances of the present case. 5.3. Accordingly, without expressing any opinion on the merits of the case, lest it prejudice either side during trial, this Court is of the considered opinion that the petitioner has made out a case for grant of the concession of regular bail. 5.4. Consequently, the present petition is allowed, and the applicant-petitioner is ordered to be released on regular bail, subject to his 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:- i. The petitioner(s) 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. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-27183-2026 (O&M) -5- iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any 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. v. The petitioner(s) 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, the 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 the concession of bail in accordance with law. vi. The petitioner(s) 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 of such change. GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-27183-2026 (O&M) -6- vii. The petitioner(s) 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 personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or 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 bail and issuance of appropriate coercive process, including warrants of arrest. 6. In light of the final adjudication on the principal matter, all pending interlocutory applications and ancillary proceedings connected therewith stand subsumed and disposed of. Consequently, no separate or further orders are warranted in respect thereof. (VIRINDER AGGARWAL) 21.07.2026 JUDGE Gaurav Sorot Whether speaking/reasoned : Yes No Whether Reportable : Yes No GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document