Sahib Singh Vs State of Punjab

T hrough the instant petition filed under Section 482 of th e Bharatiya Na g arik Suraksha Sanhita, 2023 (f o r short “BNSS”), the petitione r seeks anticip a tory bail in case FIR No.5 da t ed 03.01.2026 registered unde r Sections 318( 4 ), 61(2) BNS at Police Station K huian Sarwar, District Fazilka.

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O n 21.05.2026, the following or d er was passed by this Court: -

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“Prayer in the present pe t ition filed under Section 482 o f t h e BNSS, 2023 is for grant of a n ticipatory bail to the petitione r i n case FIR No.5 dated 03.01. 2 026 registered under Section s 318(4), 61(2) BNS at Police S t ation Khuian Sarwar, Distric t F azilka.

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GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document.

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CRM-M-14370-2026

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2

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Learned counsel for th e petitioner contends that th e petitioner has been falsely imp l icated in the present case. H e s u bmits that no offence is made o ut against the petitioner as th e a g reement to sell dated 05.04. 2 024 was executed between th e c o mplainant and his father-K u lwant Singh, who has sinc e e x pired. He further submits t h at the petitioner is not th e e x ecutant of the said agreement a nd the alleged earnest money o f R s.40 lakhs was in fact receive d by the father of the petitioner . H e further submits that the sa l e deed was to be executed o n 16.12.2024 and the same could n ot be executed due to dispute s between the parties and therea ft er the complainant had filed a c i vil suit for specific performan c e which clearly establishes tha t t h e dispute between the parties i s civil in nature which has bee n g iven criminal colour with the s ole objective to exert pressur e u p on the petitioner. He furt h er submits that the allege d t r ansaction pertains to the peri o d between January, 2024 an d D ecember, 2024 whereas the FI R in question has been registere d on 03.01.2026, after an unexp l ained delay of more than on e y e ar, thereby casting serious do u bt on the prosecution story. H e s u bmits that the petitioner has clean antecedents. He furthe r s u bmits that the entire evidence is documentary in nature whic h i s already in possession of the c omplainant or the investigatin g a g ency, hence, nothing is to b e recovered from him. Learne d c o unsel has further submitted t h at the petitioner is ready an d w illing to join the investigation as and when called upon to do s o b y the investigating agency.

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On the other hand, lear n ed State counsel has filed th e s t atus report which is taken on record. He while referring to th e s a me, has opposed the prayer f o r grant of anticipatory bail, b y s u bmitting that the allegations l e velled against the petitioner ar e s e rious in nature.

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Learned counsel appearin g on behalf of the complainan t has opposed the grant of anticip a tory bail by submitting that th e petitioner has actively participat e d in the alleged fraud.

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GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document.

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CRM-M-14370-2026 3

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List on 29.05.2026.

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In the meantime, the p etitioner is directed to joi n i n vestigation within a week from today and would appear as an d w hen required by the Investiga t ing Officer and cooperate wit h t h e Investigating Agency. In the event of arrest, he shall b e admitted to interim bail on furni s hing of bail/surety bonds to th e s a tisfaction of Arresting/Invest i gating Officer. The petitione r s h all also abide by the conditi o ns as envisaged under Sectio n 482(2) of BNSS, 2023.”

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L earned counsel for the petition e r submits that in compliance o f the order dated 21.05.2026 passed by this Co u rt, the petitioner has joined th e investigation.

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L earned counsel for the State, o n instructions from SI Jaswinde r Singh, has su b mitted that the petitioner has j o ined the investigation and is n o longer required for further investigation.

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L earned counsel appearing for t h e complainant submits that th e petitioner has actively participated in the all e ged fraud. Hence, opposes th e grant of bail t o the petitioner.

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I n view of the statement made by learned State counsel, th e interim order dated 21.05.2026 passed by th i s Court, is made absolute. Th e petitioner sh a ll continue to join investigati o n, as and when called by th e Investigating O fficer and shall also abide by t he conditions as provided unde r Section 482(2 ) of the BNSS.

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(RUPINDERJIT CHAHAL)

29.05.2026

JUDGE

Gurpreet

i) Whether speaking/reasoned? Yes/ N o ii) Whether reportable? Yes/No

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GURPREET 2026.05.29 17:38 I attest to the accuracy and authenticity of this document.

Sahib Singh v. State of Punjab

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Sahib Singh v. State of Punjab

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