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2025 Supreme(P&H) 1838

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Manisha Batra, J.
Indu Kansal - Petitioner
Versus
State of Punjab - Respondent
CRM-M-33932-2025 (O&M), CRM-M-34511-2025 (O&M), CRM-M-34072-2025 (O&M)
Decided On : 01-04-2026

Advocates Appeared:
For the Petitioner:Mr. Vinod Ghai, Senior Advocate with Mr. R.S. Bagga, Advocate and Mr. Arnav Ghai, Advocate
For the Respondent:Mr. Deepender Singh, Addl. Advocate General, Punjab and Ms. Sakshi Bakshi, AAG, Punjab.
Mr. Vikas Bali, Advocate for the complainant.

JUDGMENT :

Manisha Batra, J. 

1. This common order shall dispose of the abovementioned three petitions bearing CRM-M No.33932-2025 (Indu Kansal Vs. State of Punjab), CRM-M No.34511-2025 (Parveen Kumar Kansal & another Vs. State of Punjab) and CRM-M No.34072-2025 (Tarsem Singh Mittal Vs. State of Punjab) as all these petitions have been filed by the petitioners seeking benefit of pre-arrest bail in case arising out of FIR No.10, dated 11.06.2025, registered under Sections 420 and 120-B IPC (offences under Sections 465, 466, 467, 468, 471 IPC were added lateron), at Police Station Economic Offences Wing, Vigilance Bureau, Ludhiana.

2. As per the allegations, Naresh Kumar Garg and Payara Lal Garg (hereinafter to be mentioned as 'the victims') had lodged complaints before the Vigilance Bureau, Economic Offences Wing, Ludhiana and Vigilance Bureau, SAS Nagar, Mohali. After conducting inquiry, recommendation was made for registration of the FIR on these complaints. The victims alleged that they were additional directors of Motiaz Royale Estate Private Limited (hereinafter to be referred to as 'the company'). A sale deed bearing registration No.1013 dated 25.04.2021 was registered in the name of victim Naresh Kumar Garg whereas two sale deeds bearing Nos.1606 and 1607 both dated 05.05.2011 were registered in the name of victim Pyara Lal Garg in respect of certain properties. In the year 2013, three supplementary sale deeds were executed and registered qua the same properties thereby transferring the ownership thereof in the name of the company. The victims alleged that while registering these sale deeds, the then Naib Tehsildar i.e. petitioner in CRM-M-34072-2025 did not call the victims and transfer was made without their knowledge, consent or without making payment of any sale consideration amount. By alleging that the petitioners, namely, Neeraj Kansal, Parveen Kumar Kansal and Indu Kansal, who were Directors of the company in connivance with petitioner/Tarsem Singh Mittal and to cheat and cause wrongful loss to the victims, got registered supplementary sale deeds in favour of the complainant thereby cheating them, they prayed for taking action.

3. After registration of the FIR, investigation proceedings have been initiated and are underway. The petitioners, namely, Neeraj Kumar Kansal, Parveen Kansal and Indu Kansal jointly moved an application for grant of pre-arrest bail, which was dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide order dated 27.06.2025 whereas the petition filed by petitioner, Tarsem Singh Mittal, had been dismissed by the Court of learned Additional Sessions Judge, Ludhiana as on 18.06.2025.

4. It is argued by Mr. Vinod Ghai, learned senior counsel for the petitioners, namely, Neeraj Kansal, Parveen Kumar Kansal and Indu Kansal that they have been falsely implicated in this case. The victims, who were desirous of developing a project in New Chandigarh along with the company, had been appointed as additional directors thereof. They did not contribute anything towards share capital of the company. It was the company that had purchased land for development of a project and three sale deeds dated 25.04.2011 and 05.05.2011 respectively were executed and registered for that purpose. The victims were not present at the time of execution of these sale deeds and the sale deed had been signed on behalf of the company by some representatives. It was only on account of some inadvertent error that the names of the victims were incorporated as purchasers in the sale deed.

5. It is further argued that in the year 2012, while some deal qua collaboration of the company with one M/s Altus Space Builders Private Limited (for short 'M/s Altus Space Builders') was in the offing that the petitioners came to know about the mistake which had crept in the abovementioned sale deeds by showing names of the victims as purchasers of the properties as mentioned therein instead of that of the company. It is submitted tha

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