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2025 Supreme(Online)(P&H) 17197

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KASHMIR SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 08.09.2025 Pronounced on: 24.09.2025 Kashmir Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. S.S. Kalra, Advocate for the petitioner.

Ms. Pooja Nayar Sharma, AAG, Punjab.

Mr. Amit Dhawan, Advocate for the complainant.

****

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

05 08.01.2025 Jamalpur, 420, 465, 467, 468, 471 & 120B Ludhiana IPC (201 IPC was added later on)

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. Per paragraph 8 of the bail petition, custody certificate dated 05.09.2025 as well as reply filed by the State, the petitioner has the following criminal antecedents:

Sr. FIR No. Date Offenses Police Station No.

1 155 11.06.2018 419/420/465/467/468/471/120B Division 6, IPC Industrial Area Ludhiana

2 91 09.10.2013 419-420-467-468-471-120B Majitha IPC

3 137 30.07.2015 406 & 420 IPC Division No.4

4 179 26.12.2016 120B, 420, 467, 468, 471 IPC Machiwara

5 32 17.02.2018 474-A IPC Machhiwara, Police District Khanna

3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

“….. the applicant Rajni Verma, resident of House No. 5226, Street No. 01, Maharana Pratap Nagar, Ludhiana, had levelled allegations against (i) Kashmir Singh S/o Karnail Singh, (ii) Amrit Singh S/o Kashmir Singh, both residents of House No. 171, Block A-1, near Peer Dargah, Bhamia Kalan, Ludhiana, (iii) Dr. Nirmal Singh, resident near Government School, Mundian Kalan, Ludhiana, and (iv) Sukhwinder Kaur W/o Mewa Singh S/o Jethu Ram, resident of Amar Vihar Colony, Tajpur Road, Ludhiana. The allegations pertained to a plot measuring 70 square yards situated at Bhamia Kalan, Shanti Vihar locality, more specifically described in Khasra No. 39//22/1, Khata No. 429/496, Page No. 871, Jarnabandi for the year 2008-2009, Hadbast No. 181, near Darshan Academy School, Ludhiana. The complainant alleged that the respondents executed an agreement to sell the aforesaid plot in her favour, received Rs. 2,50,000/- as earnest money, but failed to execute the sale deed.

5. That during inquiry, both parties were called, heard, and relevant statements/documents were obtained. The record established that the applicant Rajni Verma had entered into an agreement with Kashmir Singh for purchase of the aforesaid plot for a total consideration of Rs. 4,00,000/-. Kashmir Singh had represented himself to be the lawful attorney holder on the strength of a Special Power of Attorney bearing Vasika No. 2019-20/106/4/378 dated 29.10.2019, allegedly executed by Sukhwinder Kaur. However, in her statement, Sukhwinder Kaur, in the presence of her husband Mewa Singh, categorically denied execution of any such Power of Attorney. Kashmir Singh himself, in his statement, admitted that Mewa Singh had merely entrusted the supervision of the property to him, and that he had not purchased the Special Power of Attorney.

6. That upon verification, a written query was addressed to the Sub- Registrar, East Ludhiana, regarding the authenticity of the aforesaid Special Power of Attorney. The Sub-Registrar reported that the said document did not tally with official records, thereby establishing that the Power of Attorney was forged. On the basis of this forged document, Kashmir Singh executed an agreement to sell the plot in favour of the applicant. It was further revealed that payments of Rs. 10,000/- (via Google Pay on 21.08.2023), Rs. 1,90,000/- (in cash on 23.08.2023), and Rs. 50,000/- (transferred to the account of Dr. Nirmal Singh on 04.10.2023) had been made by the applicant. The applicant alleged that the transaction was finalized at the clinic of Dr. Nirmal Singh; however, Dr. Nirmal Singh denied this in his statement. Kashmir Singh, on the other hand, admitted that Nirmal Singh was his business partner a

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