CRM-M-29634-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (220) CRM-M-29634-2026 (O&M) Date of Decision:23.07.2026 RAM LAL … Petitioner Versus STATE OF PUNJAB ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Gaurav Kalsi, Advocate for the petitioner. Ms. Navreet Kaur, Asstt. AG, Punjab. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present is a second petition filed 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 in connection with FIR No. 214 dated 31.10.2025, registered under Sections 318(4), 319(2), 336(2), 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 420, 419, 465, 468, 471 and 120-B of the Indian Penal Code, 1860), as well as Sections 8 and 9 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, at Police Station Division No. 1, Police Commissionerate, Jalandhar City (Annexure P-1). The petitioner's earlier bail petition was dismissed as withdrawn by this Court vide order dated 01.04.2026. GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29634-2026 (O&M) -:2:- 2. As per the prosecution case, co-accused Himanshu, who was allegedly masquerading under the name Sunil, was apprehended by the police during the intervening night of 30/31.10.2025 near Bhagat Singh Colony, Bypass, Jalandhar, under suspicious circumstances. Upon verification of his identity, it transpired that his real name was Himanshu, who had been convicted in a case under the Protection of Children from Sexual Offences Act (POCSO Act) and was serving a sentence of imprisonment. It is alleged that on 06.11.2023, he had been released on parole for a period of one month but failed to surrender upon the expiry of the parole period. 2.1. The prosecution further alleges that, in order to evade lawful custody, the said Himanshu, in conspiracy with his family members, fabricated his own death by procuring a false death certificate. It is alleged that his sister Neha prepared and presented the fabricated death certificate before the jail authorities, thereby creating an impression that the convict had expired during the parole period. Thereafter, Himanshu allegedly assumed the identity of one Sunil and continued to reside under the said fictitious identity. Upon his apprehension, his fingerprints were obtained and forwarded to the Fingerprint Bureau, Punjab Police Academy, Phillaur, for verification. Various identity-related documents, including the alleged forged Death Certificate, Aadhaar Card, Driving Licence and PAN Card, were also taken into police possession. During investigation, the co- accused is stated to have suffered a disclosure statement admitting that he had orchestrated the fabrication of his death with the active assistance of his family members and certain members of the Gram Panchayat. On the GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29634-2026 (O&M) -:3:- basis of the aforesaid allegations, the present FIR came to be registered and co-accused Himanshu was formally arrested on 31.10.2025. 3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is wholly innocent and has been falsely implicated in the present case. It is contended that the petitioner is an elected Panch of Village Mubarkpur and was not named in the original FIR. Rather, he came to be nominated in the present case after an inordinate delay of nearly eighty days during the course of investigation. It is further argued that the only allegation levelled against the petitioner is that the alleged death certificate was issued on the basis of certain documents produced by the sister of co-accused Himanshu, including a bill purportedly relating to the purchase of firewood for the cremation ceremony. According to the prosecution itself, it was on the strength of such supporting documents that the statutory formalities were completed by the office of the Registrar of Births and Deaths, culminating in the issuance of the death certificate. Learned counsel submits that the petitioner neither fabricated any document nor derived any benefit from the alleged transaction and merely discharged his official functions as a Panch in the ordinary course. 3.1. It is further contended that the persons who allegedly prepared and issued the firewood purchase slip, which forms the very foundation of the prosecution case, have not even been arrayed as accused, thereby rendering the prosecution story inherently inconsistent and selective. Learned counsel further submits that the investigation qua the petitioner stands substantially completed, no further custodial interrogation is required, and his continued incarceration serves no useful purpose. It is GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29634-2026 (O&M) -:4:- also pointed out that the petitioner's application for regular bail was declined by the learned Sessions Judge, Jalandhar, compelling him to approach this Court by way of the present petition. 4. The custody certificate, along with a short reply by way of affidavit sworn by Shri Ashok Meena, IPS, Assistant Superintendent of Police, Sub-Division North, Police Commissionerate, Jalandhar, on behalf of the respondent-State of Punjab, has been produced by the learned State counsel and is taken on record, subject to all just exceptions. 4.1. Per contra, learned State counsel has vehemently opposed the prayer for grant of regular bail. It is contended that having regard to the nature, gravity and seriousness of the allegations, coupled with the manner in which the alleged conspiracy was executed to facilitate the evasion of lawful custody by a convicted prisoner through fabrication of official records and forged identity documents, the petitioner does not deserve the concession of regular bail at this stage. It is, therefore, submitted that the present petition, being devoid of merit, deserves to be dismissed. 5. I have heard learned counsel for the parties at considerable length and have carefully perused the paper book and the material available on record with their able assistance. 6. At this stage, this Court finds that the role attributed to the present petitioner is neither peripheral nor omnibus. The petitioner is an elected Panch of the village and, by virtue of the office held by him, occupies a position of public trust and confidence. Prima facie, the material collected during investigation indicates that instead of discharging his statutory and fiduciary responsibilities with due care and probity, the GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29634-2026 (O&M) -:5:- petitioner allegedly abused the authority attached to his office by issuing a false verification certificate certifying that co-accused Himanshu, a life convict who had absconded after being released on parole, had expired on 18.01.2024, that his last rites had been performed in Village Mubarakpur, and that he was a resident of the said village, despite allegedly being fully aware that the aforesaid assertions were false. 6.2. The prosecution case further reveals that the certificate issued by the petitioner was not a routine administrative endorsement or an innocuous document. Rather, it constituted the foundational document utilized before the jail authorities to falsely represent that the life convict had died during the subsistence of parole, thereby enabling him to evade the lawful execution of the sentence imposed upon him and to continue living under a fictitious identity. Prima facie, the verification of genuineness of such certificate by the petitioner who is elected ‘Panch’ of village conferred an appearance of legitimacy upon an otherwise fabricated narrative and substantially facilitated the execution of the larger criminal design. 6.3. The allegations against the petitioner are thus not confined to a mere ministerial act or negligent verification. At this stage, the material placed on record prima facie suggests conscious and active participation on the part of the petitioner in a criminal conspiracy aimed at frustrating the administration of criminal justice and enabling a convicted prisoner to abscond from lawful custody. The acts attributed to the petitioner, if ultimately established during trial, disclose deliberate misuse of the GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29634-2026 (O&M) -:6:- authority attached to a public office for the purpose of facilitating the commission of serious offences. 6.4. It is equally significant that the prosecution has relied upon oral, documentary and circumstantial evidence collected during the course of investigation, which, at this stage, prima facie supports the prosecution version regarding the petitioner's active role in the preparation and utilization of forged documents. The Court, while considering a petition for regular bail, is not expected to undertake a meticulous appreciation of evidence or record findings on the merits of the prosecution case. Nonetheless, where the material available discloses a specific, distinct and substantial role attributable to the accused, particularly in offences involving fabrication of public documents and obstruction of the administration of justice, the discretionary relief of bail cannot be extended merely on the ground of prolonged custody. 6.5. Having regard to the gravity and nature of the allegations, the specific role attributed to the petitioner, the apparent abuse of a public office held by him, and the prima facie material indicating his active participation in facilitating the evasion of a life convict from lawful custody, this Court does not find any circumstance warranting the exercise of its discretionary jurisdiction in favour of the petitioner at this stage. Consequently, 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 failed to make out a case for the grant of the concession of regular bail. GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29634-2026 (O&M) -:7:- 6.6. Accordingly, the present petition, being devoid of merit, is hereby dismissed. 7. In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of accordingly. No separate or further orders are required to be passed in respect thereof. ( VIRINDER AGGARWAL) 23.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document