Sukhmander Singh v. State Of Punjab


   


 




 



!

"#$%$ &'

() )  )

*+  *

))) $ $ &, %

-**

*

 

)))%. &"&

% 
 '

 /0 ) *


-

*)  1

  

       

     

!"# $     " -

*)  12 )

, 3

%    "  &'( ) *

+, ,  -.-(+ +" "      +/0#  (1 -&
.

-.-&  23&
4&-.&15 &16&1'&6

-.) 0"7
'1.+  "

      7 "     



+ "  

   "    " 

- 7  * *  "  "     %"*/0#  8+ 9    " " *:"88# +  

 )0 +  7+ ,+    *+ +"  
44(
4((12-32(32&3 (('(&.2-31
2-3


)

-.-(+ :"+ )" 

+% +" +%

+)" +  + +

+ +#  +#  +%";   "7+ 9  +#%" 98 "" 8       + +   "   "   "    "* "*  :"  8  #

++ )"  +% +, " 8 * -.

.5 -.-&  " + 8""8  #  +%"#  + *+ + +  " " "     !""+ %" 9   /<)"

+ +  "

 7"    "      '.*"88 # + .
.& -.--;" +"
'

.- -.
6

     8  "*  + + 8"
.*&.*+ "* 8"  !""+    /, )      ;" +"   ""+ 8       =   +  >""   .

.

-.
4  

(  % ""8   " :"+ )"  +% +8 # +8      +8 + +   "8 * -.

.5 -.-&:"   " +   )"  +    -.-& -.-5?

1?&?5(   #+  /<  8 *  "" 8  +    " " 8 " 8      ++ +  "" " " +!*   !""+ 8  + " + * >"   /, 88 !""+     * , "8 *:" + )"  + @9* * "  ,8  :"+ )"  +"""+

   "*  + + A  :" +   8" +*    "8* +  B+"  7"           =  " ++ + " "  !""+  +

+  )"  + +  "" 8       -& .6 -.-& 7"      ,8   ""    :" " + #  +<++8,  """"+   * 7" 

&       + +,8*8"" +    !""+   )    "    "  C: +  ! :" + D +++  

+        $   + +8""8    +  7"        +/0#  51 .'

.'

-.
4  &.1
-.)078 + + +  + + 9 *

  +   , +     :* 7"    " +" "" " , + ,  +  ""+ ">"%"  8  +))  + " *+, 8  "*!""+ +>"    8 ""+ " " + -?15  /< 7 *  "*    !""+ + >"    /,  2   "  -?15    /< 7 *3   + "*  8 :" 9* +++ "* 7" "   +  8  + " ""* *+,  0 +8  

9.( -.-&  +%")" + +     8  *""8"" +   8""   %")"

+8 " 
'

.6 -.-&"%" 2; 3#  +8+ "+ 9 > 

5 ,8 /, -& .6 -.-& 8 "   %" 9 9%" +   +    7 "    /< 28    + 3  + 9   +""     .- (..( ..     +2# %"3  "   8 +  ,+    *       + , ,+ 

+#  " +++  " %" 9

/,     +  /,  +   A/, ) "  ,8    "  *  +8 " * %"#  + ,8+  "  " 8 8+  +         .' ..?.'

(.

%   8 9              +< " ++ 8   :"   +    "" 8"  ,      " + 8 * +   +  + =""  ""+ 8  *  *   ")"  +

+ + +""8    + %"#  +8"" + "8 Learned counsel appearing on behalf of the petitioner contends that there is no link evidence as would reflect the involvement of the petitioner either in impersonation of Rinku as Hardial Kaur or in the execution of General Power of Attorney in favour of Parampal Singh. He contends that the

1 sole evidence that has been collected by the respondent-State is that the petitioner accompanied his co-accused to the bank when some money was withdrawn by co-accused. He contends that the petitioner is neither involved in the preparation of any document nor he has induced any person to execute any forged document, impersonated any person or facilitated any transaction pertaining to the land. He contends that the complicity of the petitioner in the commission of the offence and his knowledge about the nature of the transaction already done by the co-accused is thus an arguable issue to be determined during the course of trial. He contends that the petitioner is in custody since 25.09.2025 and has already undergone an actual custody of nearly 05 months, hence, conclusion of the trial shall take long. He further submits that even during the course of custodial detention, there is no other evidence that has been collected by the respondent and that the case is triable by a Judicial Magistrate. 

 "8""" "                *      8 ,8"+ * +8 8 +       0                 +< " ++  > ""* , 8    *   8" *    8      9 "+  *"

+ "    "            *  8"  " "     0 "      9   " * 7  +        "* +   "  *    .5

6   :+ ""   ,+     ""+     * "*+ +     " *  +   8"" , "+ 0     ""8     +"*    ""8 %     "  "   + 9  " ? *       %"7 ?

 * +   0 "     "" = *   ""   " *   8   *   "*   "* %   ""    =     "7 ""    " " "

4,5 ,6 (2  )

-

*)  1 ,

, ,