IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 08.05.2025.

Karamjit Singh ...Petitioner.

Versus State of Punjab ...Respondent.

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CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR .......

Present: Mr. Sumeet Puri, Advocate for the petitioner.

Mr. S.S. Mandher, AAG, Punjab.

Mr. Gaurav Jain, Advocate for the complainant.

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SUKHVINDER KAUR , J. (Oral)

Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.45 dated 16.03.2025, under Sections 318(4), 319(2), 336(3), 338, 340, 61(2) of BNS, 2023, registered at Police Station Patran, District Patiala.

Learned counsel for the petitioner has contended that the allegation levelled against the petitioner are totally false and frivolous, nothing is to be recovered from him. The FIR in the present case has been registered with unexplained delay. He has further contended that custodial interrogation of the petitioner is not required and he is ready and willing to join the investigation.

Notice was issued in this case, on 29.04.2025 and reply was called from the State, which was filed on 06.05.2025. .

Learned State counsel as well as counsel for the complainant has opposed the bail application and contended that the petitioner and his co-accused, who were not legal representative of deceased Sadhu Singh, still by fabricating the pedigree table got mutated the property of Sadhu Singh vide mutation No.3775 in their names and thus committed a serious offence. As such, custodial interrogation of the petitioner is required and he does not deserve the concession of bail.

As per allegations, the petitioner along with co-accused Sukhdev Singh and Sukhwinder Kaur, in connivance with Patwari Narinder Singh and Gurmail Singh had forged death certificate of Sadhu Singh brother of his grand-father and thereafter, prepared false pedigree table and got mutated the property of said Sadhu Singh in their name showing themselves as legal heirs of said Sadhu Singh, whereas he had died unmarried and issueless and then further sold this property to various persons. Vide enquiry report of Tehsildar dated 20.02.2025, mutation entered in name of the petitioner has been cancelled. The present case is based on the documentary evidence. No recovery is to be effected from the petitioner and custodial interrogation of the petitioner is not required for any purpose. No useful purpose would likely to be served by sending him behind the bars.

Without commenting any further on the merits of the case, the present petition is allowed. The petitioner is granted concession of anticipatory bail, on his furnishing bail/surety bonds to the satisfaction of the Arresting Officer/ Investigating Officer, subject to the conditions as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard and she shall abide by the conditions mentioned in Section 482(2) of the BNSS.

(SUKHVINDER KAUR)

JUDGE

08.05.2025.

Komal