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2025 Supreme(Online)(P&H) 19803

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



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 06.11.2025 Sukhjeet Singh ....Petitioner V/s State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Satbir Singh Gill, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG Haryana.

*****

SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.286 dated 30.08.2024, registered for the offences punishable under Sections 120-B, 204, 217, 218, 34, 35, 403, 406, 408, 417, 418, 420, 465, 467, 468, 471, 477, 477-A of IPC at Police Station Ellenabad, Sirsa, District Sirsa.

2. The FIR in question was registered based on the complaint made by one Kuldeep Singh, Deputy Manager in Mahindra & Mahindra Financial Services Ltd., Sirsa. He alleged that the accused persons namely Jitender (Executive), Brahmpal S/o Hansraj, Virendra Giri S/o Harisingh Giri, Kuldeep S/o Baldev Singh, Subhash @ Sher Singh @ Shera Bhadu, Sukhjeet Singh S/o Mandar Singh, Baljinder Singh S/o Bhola Singh, Major Singh S/o Mahender Singh, Jeet Ram S/o Girdharilal, Jeet Singh S/o Balwinder Singh, in connivance with officials of the Sub-Divisional Magistrate (SDM) Office, Ellenabad, had hatched a criminal conspiracy to cause wrongful loss to Mahindra & Mahindra Financial Services Ltd. and corresponding wrongful gain to themselves by forging and using fabricated No Objection Certificates (NOCs) to falsely show clearance of tractor loans. It has been further alleged that the borrowers obtained tractor loans for amounts higher than the actual value of the tractors and subsequently with the aid of brokers and public servants, procured forged NOCs purportedly issued by the Kotak Mahindra Bank instead of Mahindra & Mahindra Financial Services Ltd. These NOCs were used to cancel the hypothecation from the vehicle records without verifying the authenticity from the financing company. Thereafter, the aforesaid borrowers illegally sold hypothecated tractors without repaying the loan amounts. It was further alleged that the forged NOCs and self-declaration forms were attested by Notary Chander Rekha, Sirsa, and falsely declared that loans were taken from and cleared with Kotak Mahindra Bank. Thereafter, statements of borrowers revealed they were illiterate and had been induced by accused persons, including Sukhjeet Singh (petitioner herein), who obtained their ₹

signatures on the blank papers after offering 30,000 each, under the pretext of providing government benefits. Furthermore, the SDM office, Ellenabad, failed to verify NOCs with the financing company and the registration records lacked official endorsements and OTP verification. Bank account (Axis Bank A/c No. 922010063243248, in the name of Jeet Ram) showed deposits from Mahindra Finance which were later withdrawn by accused Anil Lohani. Tractors bearing Nos. HR-44M/9006 and HR-44M/1847 were also recovered from accused Subhash and Anil respectively. Disclosure statements of Anil Lohani and Brahmpal confirmed the involvement of Sukhjeet Singh and others in orchestrating the fraud. The investigation establishes that the accused persons, in collusion with public officials, fabricated NOCs and forged official records to fraudulently release hypothecated tractors and sell them illegally causing substantial financial loss to Mahindra & Mahindra Financial Services Ltd. The role of Sukhjeet Singh (petitioner herein) and other co-accused is specifically evident from the statements of co-accused and the beneficiaries of the fraud. On these set of allegations, the FIR in question came to be registered.

3. Learned counsel for the petitioner has iterated that the petitioner was employed merely as a salesman with Dandiwal Tractor Agency, Dabwali and his duties were confined solely to explaining the features and technical aspects of tractors to prospective cus

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