In cases of serious economic offences involving forgery and deep-rooted conspiracy, custodial interrogation is qualitatively more effective and essential to unravel the modus operandi and recover evidence; thus, the court should sparingly exercise the discretionary power of granting anticipatory bail.

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RUPINDERJIT CHAHAL, J (ORAL)

1. Prayer in the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of anticipatory bail to the petitioner in case FIR No. 09 dated 23.02.2015 registered under Sections 420, 467, 468, 471, 506 of the Indian Penal Code, 1860 at Police Station City Malout, District Sri Muktsar Sahib.

2. The FIR has been registered against partners of the firm, on the statement of complainant-Madhu Garg, widow of late Sh. Shiv Charan Garg, on the allegations that Shiv Charan Garg was having joint business with his brothers namely Vaneet Garg, Satpal Garg, and Satish Garg, and unfortunately he died in the year 2004, and there were number of joint firms. After the death of Shiv Charan Garg, complainant and her sons Dinesh Garg and Deepak Garg were inducted as partners in all the joint firms. It is also alleged that the accused prepared a forged and fabricated retirement deed in the name of complainant, her sons relinquishing their share in the firm, Ram Sarup Garg Cotton Mills, Malout, thus, fraudulently grabbed their share in the above said firm.

3. Learned Senior Counsel appearing on behalf of the petitioner submitted that the present FIR is a gross abuse of the process of law, arising out of an admittedly long-standing intra-family and commercial dispute concerning retirement, dissolution and settlement of partnership accounts amongst family members. The allegations pertain to documents executed in the year 2014 pursuant to a family settlement, thereby demolishing the allegation of any contemporaneous fraud or forgery. He further submitted that the petitioner, aged about 74 years, has been residing in Delhi since 1979 and had no active role in the day-to-day affairs or financial administration of the firms situated at Malout, Punjab. The dispute is thus predominantly civil in nature and has deliberately been given a criminal colour only to exert pressure upon the petitioner and his family members. It is further submitted that the entire case rests upon documentary evidence already in possession of the investigating agency and, therefore, no custodial interrogation is either necessary or justified. He argued that the investigation history itself reflects the doubtful nature of the allegations inasmuch as multiple SITs and investigating agencies have repeatedly submitted cancellation reports finding no cognizable offence made out against the accused persons. Even the forensic material placed on record reveals inconsistencies in the prosecution version and lends support to the defence case regarding authenticity of the disputed documents. He submitted that the petitioner has throughout cooperated with the investigation and there is no allegation that the petitioner attempted to abscond, influence witnesses or tamper with evidence. He further submitted that in the matter of co-accused pending before the Apex Court, the Hon’ble Supreme Court has directed that no coercive steps be taken during mediation proceedings, thereby recognizing the essentially private and settlement-oriented nature of the dispute. The petitioner is neither a proclaimed offender nor involved in any other criminal case. He contends that the petitioner is ready and willing to join investigation as and when called upon to do so by the investigating agency. With these submissions learned senior counsel prays that the present petition be allowed and the petitioner be granted the benefit of anticipatory bail.

4. Learned state counsel has filed status report in the matter and while relying upon the same, she has vehemently oppose