Kulwinder Kaur v. State Of Punjab

CRM-M-48390-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 16.01.2026 (1) CRM-M-48390-2025 (O&M) KULWANT SINGH V/S STATE OF PUNJAB (2) CRM-M-48420-2025 (O&M) BHUPINDERPAL SINGH V/S STATE OF PUNJAB (3) CRM-M-49708-2025 (O&M) KXXXXXX V/S STATE OF PUNJAB (4) CRM-M-59320-2025 (O&M) RANBIR SINGH RANA ALIAS RANBEER SINGH SANDHU V/S STATE OF PUNJAB (5) CRM-M-62329-2025 (O&M) KULWINDER KAUR V/S STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. B.S. Jatana, Advocate;

Mr. Aminder Singh, Advocate;

Mr. Angrej Singh Sarwara and Mr. Randeep Singh Waraich, Advocate for the petitioners 



 
 
 ***** AMAN CHAUDHARY, J. (ORAL) 1.

These cases are disposed of by this common order as they arise out of the same FIR.

2.

Prayer in the present petitions filed under Section 483 BNSS is for grant of regular bail to the petitioners in case FIR No.94 dated 17.06.2025, registered under Sections 318(4), 179, 180, 308(2), 61(2) BNS (Old Sections 420, 237, 240, 384, 120-B IPC) at Police Station Sadar Nabha, District Patiala. 3.

Learned counsel contends that the petitioners have been in custody for about 7 months. They allege false implication. There is no complainant and victim in the present cases, who can be stated to have been duped as also there

CRM-M-48390-2025 (O&M) 2 is no evidence with regard to exchange of the same but for being in possession of counterfeit currency and with regard to which, FSL is also awaited and it would be during trial that the same can be proved as alleged. Challan was presented on 14.08.2025, however, charges have not been framed; in all there are 12 prosecution witnesses. Petitioners-Kulwant Singh, Bhupinderpal Singh, Karamjit Kaur are not involved in any other case while Kulwinder Kaur is involved in 1 more FIR and Ranbir Singh Rana alias Ranbeer Singh Sandhu in 9 other cases, wherein he is on bail. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.

4.

The custody certificates dated 14.01.2026, filed by the learned State counsel are taken on record. As per the same, the petitioners are behind bars for 6 months and 26 days.

5.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioners of exchange of counterfeit currency for genuine. However, he is unable to controvert the submissions with regard to stage and Petitioners-Kulwant Singh, Bhupinderpal Singh, Karamjit Kaur being not involved in any other case and Kulwinder Kaur & Ranbir Singh Rana alias Ranbeer Singh Sandhu on bail in other cases.

6.

Heard.

7.

Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra)had held that, "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such

CRM-M-48390-2025 (O&M) 3 as possibility of fleeing away from the jurisdiction of the Court, etc." Reiterating in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was observed that, "The offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors by themselves cannot be the basis for refusal of prayer for bail." 8.

Considering the facts and circumstances of the case, in particular that the petitioners are in custody for the last 6 months and 26 days; petitionersKulwant Singh, Bhupinderpal Singh, Karamjit Kaur are not involved in any other case while Kulwinder Kaur & Ranbir Singh Rana alias Ranbeer Singh Sandhu are bail in other cases; challan stands presented on 14.08.2025, however, charges are yet to be framed and there are a total of 12 prosecution witnesses, the trial is likely to take a considerable time and further incarceration of the petitioners would be violative of their right enshrined under Article 21 of the Constitution of India, the present petitions are allowed. 9.

The petitioners are ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioners will not tamper with the evidence during the trial.

(ii) The petitioners will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioners will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioners shall not commit an offence similar to the offence of which, they are accused, or for commission of which they are suspected of.

(v) The petitioners shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her

CRM-M-48390-2025 (O&M) 4 from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioners shall not in any manner misuse her liberty.

(vii) The petitioners shall furnish their address and mobile number by way of affidavit/s to the trial Court and not change the same till conclusion of trial and if for any reasons, they seek to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioners shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioners.

10.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioners by this order.

11.

In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. 12.

A photocopy of this order be placed on the files of connected cases. (AMAN CHAUDHARY) JUDGE 16.01.2026 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No