Joginder Pal Madan v. State Of Punjab

CRM-M-67141-2025 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-67141-2025 Date of decision: 23rd April, 2026 Joginder Pal Madan

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. Parminder Singh, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. DAG, Punjab.

Mr. Jasdev Mehndiratta, Senior Advocate with Ms. Jyotnoor Kaur Sethi, Advocate for the complainant. *** MANISHA BATRA, J (ORAL):- Through the instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), the petitioner seeks anticipatory bail in case FIR No. 227 dated 07.11.2025 registered under Sections 316(2), 318(2), 61(2) and 351 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') at Police Station Kotwali Patiala, District Patiala. 2.

Vide order dated 01.12.2025 passed by this Court, the petitioner was released on interim bail and was directed to join investigation. 3.

Vide order dated 23.03.2026, the parties were directed to appear before the Mediation and Conciliation centre of this Court for the purpose of mediation proceedings.

4.

Report received from the Mediation and Conciliation Centre, as per which the matter could not be settled between the parties. The petitioner PARVEEN SHARMA 2026.04.24 09:44 I attest to the accuracy and integrity of this document

CRM-M-67141-2025 -2has joined the investigation on 03.02.2026. As submitted by learned State counsel, custodial interrogation of the petitioner is not required, whereas learned counsel for the complainant has argued that since the petitioner was the master mind behind the crime and had got forged appointment letters and visas etc. prepared and had sent screenshots of the same to the complainant, hence, for conducting proper and thorough investigation in the matter, custodial interrogations of the petitioner is must. However, given the nature of the allegations, this Court is of the considered opinion that pre-trial incarceration of the petitioner is not required. It is a well settled proposition of law that pre-trial incarceration should not be a replica of post-conviction sentence.

Taking into consideration the above discussed facts, it is observed that the petition has made out a case for grant of anticipatory bail. Accordingly, the petition is allowed and the order dated 01.12.2025 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 5.

It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 6.

Since the main petition has already been disposed of, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 23rd April, 2026 Parveen Sharma

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PARVEEN SHARMA 2026.04.24 09:44 I attest to the accuracy and integrity of this document