Mohan Singh v. State Of Punjab

CRM-M No.19697 of 2026 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.19697 of 2026 Date of decision : 12.5.2026 Date of uploading : 13.5.2026 Mohan Singh .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. K.S. Sidhu, Advocate and Ms. Kirandeep Kaur, Advocate, for the petitioner Mr. Gaurav Gurcharan S. Rai, Senior DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 483 of the BNSS seeking grant of regular bail to the petitioner, in case bearing FIR No.27 dated 22.01.2026, registered for the offences punishable under Sections 306, 318(4), 338, 336(2), 336(3), 340(2) and 61(2) of the BNS, 2023, at Police Station Division 8, District Police Commissionerate Ludhiana. 2.

The gravamen of the FIR in question is that the petitioner, along with his co-accused, is an accused of having misappropriated 2000 trucks having one lac ton of construction material like sand, crusher and soil worth Rs.9 crores.

3.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 23.1.2026. Learned counsel has further

CRM-M No.19697 of 2026 -2argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that the petitioner was merely working as Quality Control Supervisor and the police has intentionally shielding the main accused. Learned counsel has further argued that allegation of misappropriation pertains to the period of over more than 01 year but no steps have been taken by the company to carry out checking of the record concerned. Learned counsel has further iterated that the petitioner is a man aged about 36 years with no criminal antecedents. Learned counsel has further urged that the petitioner is the sole bread earner of his family.

4.

Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 11.5.2026 in Court, which is taken on record.

5.

I have heard counsel for the parties and have gone through the available records of the case.

6.

The petitioner was arrested on 23.1.2026 wherein after investigation was carried out; challan was prepared on 20.4.2026 and subsequently filed. Total 21 prosecution witnesses have been cited but none has been examined till date as charges are yet to be framed. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it

CRM-M No.19697 of 2026 -3appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 11.5.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 3 months and 14 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7.

In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial. 8.

In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed

CRM-M No.19697 of 2026 -4hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.

9.

Ordered accordingly.

10.

Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

(SUMEET GOEL) JUDGE 12.5.2026 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No