IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BHARDWAJ
Balwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
RAJESH BHARDWAJ, J.
1. Present petition has been filed praying for the grant of anticipatory bail to the petitioner in case bearing FIR No.172, dated 18.09.2025 under Sections 318(4), 336(2), 338, 336(3), 340(2) of BNS, 2023 registered at Police Station Jamalpur, District Police Commissionerate Ludhiana.
2. Succinctly the facts of the case are that the FIR was registered on the statement of complainant, namely, Sham Malhotra. It was alleged that the complainant agreed to purchase a plot measuring 421 Sq.Yards situated in village Mundian Kalan Abadi Hari Nagar, Ludhiana from Balwinder Singh (petitioner herein) and Amritpal Singh, who was a Property Dealer, mediated the said deal. Balwinder Singh executed the sale agreement dated 07.05.2025 to sell the said plot for a sum of Rs.65,50,000/-. A sum of Rs.7 Lakhs was paid as earnest money in presence of witness, namely, Parveer Singh. Another sum of Rs.8 lakh was paid to Balwinder Singh on 13.05.2025. Date for execution of sale deed was fixed for 07.02.2026. It was alleged that to ensure the complainant, a copy of sale deed bearing Vasika No.5641 dated 16.05.1995 vide which Balwinder Singh purchased the said plot as well as Jama
The court considered the pending civil suit and the petitioner's cooperation with the investigation in granting anticipatory bail.
The main legal point established in the judgment is that allegations, even if true, may constitute a civil liability rather than a criminal offense, and the pendency of a civil suit for specific perf....
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
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