Paryas v. State Of U.T Chandigarh
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(114) CRM-M-56433-2025 (O&M) Date of decision: 13.03.2026 PARYAS ...... Petitioner V/s STATE OF U.T CHANDIGARH
...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:
Ms. Ashu Rana, Advocate for the petitioner. Mr. Manish Bansal, P.P., U.T., Chandigarh with Mr. Dixit Bhardwaj, Advocate and Mr. Sarasmi Budhiraja, Advocate for the respondent-State. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition under Section 483 BNSS, 2023 is for the grant of the regular bail to the petitioner in FIR No.71 dated 10.06.2025 (Annexure P-1) under Sections 318(4), 319(2), 336(3), 338, 340(2) and 61(2) of BNS registered at Police Station Sector-17, Chandigarh. 2.
As per the allegations, the petitioner had opened an Immigration Consultancy Firm based on fictitious documents of one Satwinder Pal Singh. 3.
The learned counsel for the petitioner contends that the allegations levelled against the petitioner are baseless. The petitioner is in custody since 11.06.2025 but none of the 20 prosecution witnesses has been examined so far. The case is triable by the Court of a Magistrate. As the Trial is not likely to be concluded anytime soon, he is entitled to the concession of bail.
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The learned Senior Standing Counsel for U.T., Chandigarh, on the other hand, contends that it has been found that the petitioner had affixed signatures of Satwinder Pal Singh on documents, which were subsequently used to open a firm. The allegations levelled against the petitioner are grave and therefore, the petitioner is not entitled to the concession of bail. He, however, concedes that the petitioner is in custody since 11.06.2025, that none of the 20 prosecution witnesses has been examined so far and that the case is triable by the Court of a Magistrate. 5.
I have heard the learned counsel for the parties. 6.
This Court in the case titled as Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab bearing CRM-M240332021(O&M) Decided on 31.08.2022 has held as under:- "Therefore, broadly speaking (subject to any statutory restrictions contained in Special Acts), in economic offences involving the IPC or Special Acts or cases triable by Magistrates once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule. However, this would not prevent the Court from granting bail even prior to the completion of investigation if the facts so warrant." In the instant case, admittedly, the petitioner is in custody 11.06.2025 but none of the 20 prosecution witnesses has been examined so far. Therefore, the Trial in the present case is not likely to be concluded anytime soon. The present case is triable by the Court of a Magistrate and no serious apprehension has been expressed by the State that the petitioner
:::: would abscond from justice, tamper with the evidence or influence witnesses if granted the concession of bail. Therefore, in this situation, the further incarceration of the petitioner is not required. 8.
Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Paryas S/o Shaminder Singh is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned. 9.
The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing each time that he is not involved in any other crime other than the present case. 10.
The petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause. 11.
The petitioner shall surrender his passport, if any. 12.
The present petition stands disposed of. 13.
The pending application(s), if any, shall stand disposed of accordingly. 13.03.2026 (JASJIT SINGH BEDI) Kusum JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No