Dharampal Mehta v. State Of Punjab

::1::

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 24.02.2026 DHARAMPAL MEHTA ...... Petitioner V/s STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Yashpal Thakur, Advocate, for the petitioner.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

***** 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.29 dated 29.01.2025 under Sections 319, 336, 340, 61(2) of BNS (Sections 28, 336(3) and 340(2) of BNS added later on) registered at Police Station Sohana, SAS Nagar (Mohali) Punjab.

2.

As per the allegations against the accused, the petitioner along with his co-accused appeared before the Court and furnished forged and fabricated surety bonds for an amount of Rs.35,00,000/- by falsely claiming to be Numberdars for the release of a vehicle on superdari and on an inquiry by the Court, the valuation report was found to be forged and fabricated. The identity proof of the petitioner was also found to be forged. 3.

The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. No offence

::2::

whatsoever is made out. As the petitioner is in custody since 29.01.2025 but none of the 07 prosecution witnesses has been examined so far, the Trial is not likely to be concluded anytime soon and he is entitled to the concession of bail, moreso when the case is triable by the Court of a Magistrate. 4.

The learned counsel for the State, on the other hand, contends that the nature of allegations levelled against the petitioner do not entitle him to the concession as prayed for. He, however, concedes that the petitioner is in custody since 29.01.2025 but none of the 07 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." 7.

The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated during the course of the Trial. Admittedly, the petitioner is in custody since 29.01.2025 but none of the 07 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

::3::

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, Dharampal Mehta, S/o Sawarnjeet Mehta, 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.

In addition, 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 present petition stands disposed of.

12.

The pending application(s), if any, shall stand disposed of accordingly.

February 24, 2026 ( JASJIT SINGH BEDI) Kusum JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No