CRM-M-12198 v. State of Punjab & Anr.

Judgment

1. petition filed under Section Prayer in the instant petition filed under Section petition filed under Section Prayer in the instant of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of anticipatory anticipatory bail to the petitioner in case FIR No. 09 bail to the petitioner in case FIR No. 09 dated 23.02

02.2015 registered under Sections 420, 467, 468, registered under Sections 420, 467, 468, 471, 506 of the of the Indian Penal Code, 1860 City , 1860 at Police Station City PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -2- Malout, District Sri Muktsar Sahib. Malout, Distric

has been registered against partners of the The FIR has been registered against partners of the has been registered against partners of the The FIR Madhu Garg, widow of the statement of complainant-Madhu Garg, widow of the statement of complainant firm, on the statement of complainant Charan Garg, on the allegations that Shiv Charan late Sh. Shiv Charan Garg, on the allegations that Shiv Charan Charan Garg, on the allegations that Shiv Charan late Sh. Shiv with his brothers namely Garg was having joint business with his brothers namely with his brothers namely Garg was having joint business unfortunately Vaneet Garg, Satpal Garg, and Satish Garg, and unfortunately Vaneet Garg, Satpal Garg, and Satish Garg, and Vaneet Garg, Satpal Garg, and Satish Garg, and he died in the year 2004, and there were number of joint firms. he died in the year 2004, and there were number of joint firms. he died in the year 2004, and there were number of joint firms. he died in the year 2004, and there were number of joint firms. the death of Shiv Charan Garg, complainant and her the death of Shiv Charan Garg, complainant After the death of Shiv Charan Garg, complainant Dinesh Garg and Deepak Garg were inducted as partners sons Dinesh Garg and Deepak Garg were inducted as partners Dinesh Garg and Deepak Garg were inducted as partners Dinesh Garg and Deepak Garg were inducted as partners also alleged that the accused in all the joint firms. It is also alleged that the accused also alleged that the accused in all the join in the name prepared a forged and fabricated retirement deed in the name prepared a forged and fabricated retirement deed prepared a forged and fabricated retirement deed of complainant, her sons relinquishing their share in the firm, of complainant, her sons relinquishing their share in the firm, of complainant, her sons relinquishing their share in the firm, of complainant, her sons relinquishing their share in the firm, Sarup Garg Cotton Mills, Malout, thus, fraudulently Ram Sarup Garg Cotton Mills, Malout, thus, fraudulently Sarup Garg Cotton Mills, Malout, thus, fraudulently Sarup Garg Cotton Mills, Malout, thus, fraudulently ve said firm. grabbed their share in the above said firm. grabbed their share in the

3. Learned Senior Counsel appearing on behalf of the Learned Senior Counsel appearing on behalf of the Learned Senior Counsel appearing on behalf of the Learned Senior Counsel appearing on behalf of the petitioner submitted that the present FIR is a gross abuse of submitted that the present FIR is a gross abuse of that the present FIR is a gross abuse of standing the process of law, arising out of an admittedly long-standing the process of law, arising out of an admittedly long the process of law, arising out of an admittedly long family and commercial dispute concerning retirement, intra-family and commercial dispute concerning retirement, family and commercial dispute concerning retirement, family and commercial dispute concerning retirement, solution and settlement of partnership accounts amongst dissolution and settlement of partnership accounts amongst solution and settlement of partnership accounts amongst solution and settlement of partnership accounts amongst family members. The allegations pertain to documents family members. The allegations pertain to documents family members. The allegations pertain to documents family members. The allegations pertain to documents executed in the year 2014 pursuant to a family settlement, executed in the year 2014 pursuant to a family settlement, executed in the year 2014 pursuant to a family settlement, executed in the year 2014 pursuant to a family settlement, thereby demolishing the allegation of any contemporaneous thereby demolishing the allegation of any contemporaneous thereby demolishing the allegation of any contemporaneous thereby demolishing the allegation of any contemporaneous fraud or forgery. He further submitted fraud or forgery. he petitioner, aged ubmitted that the petitioner, aged about 74 years, has been residing in Delhi since 1979 and had about 74 years, has been residing in Delhi since 1979 and had about 74 years, has been residing in Delhi since 1979 and had about 74 years, has been residing in Delhi since 1979 and had PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -3- no active role no active role day affairs or the day-to-day affairs or day affairs or the day financial financial financial administration of the firms situated at Malout, Punjab. The administration of the firms situated at Malout, Punjab. The administration of the firms situated at Malout, Punjab. The administration of the firms situated at Malout, Punjab. The and has dispute is thus predominantly civil in nature and has dispute is thus predominantly civil in nature dispute is thus predominantly civil in nature deliberately been given a criminal colour only to exert pressure deliberately been given a criminal colour only to exert pressure deliberately been given a criminal colour only to exert pressure deliberately been given a criminal colour only to exert pressure upon the petitioner and his family members. It is further upon the petitioner and his family members. It is further upon the petitioner and his family members. It is further upon the petitioner and his family members. It is further submitted that the entire case rests upon documentary submitted that the entire case rests upon documentary submitted that the entire case rests upon documentary submitted that the entire case rests upon documentary evidence already in possession of the investigating agency and, evidence already in possession of the investigating agency and, evidence already in possession of the investigating agency and, evidence already in possession of the investigating agency and, ore, no custodial interrogation is either necessary or therefore, no custodial interrogation is either necessary or ore, no custodial interrogation is either necessary or ore, no custodial interrogation is either necessary or justified. He argued that t he investigation history itself reflects He argued that the investigation history itself reflects he investigation history itself reflects the doubtful nature of the allegations inasmuch as multiple the doubtful nature of the allegations inasmuch as multiple the doubtful nature of the allegations inasmuch as multiple the doubtful nature of the allegations inasmuch as multiple SITs and investigating agencies have repeatedly submitted SITs and investigating agencies have repeatedly submitted SITs and investigating agencies have repeatedly submitted SITs and investigating agencies have repeatedly submitted ports finding no cognizable offence made out cancellation reports finding no cognizable offence made out ports finding no cognizable offence made out cancellation re against the accused persons. Even the forensic material placed against the accused persons. Even the forensic material placed against the accused persons. Even the forensic material placed against the accused persons. Even the forensic material placed on record reveals inconsistencies in the prosecution version on record reveals inconsistencies in the prosecution version on record reveals inconsistencies in the prosecution version on record reveals inconsistencies in the prosecution version and lends support to the defence case regarding authenticity of and lends support to the defence case regarding authenticity of and lends support to the defence case regarding authenticity of and lends support to the defence case regarding authenticity of the disputed documents. He submitted that t the disputed documents. he petitioner has He submitted that the petitioner has here is no throughout cooperated with the investigation and there is no throughout cooperated with the investigation throughout cooperated with the investigation allegation that the petitioner attempted to abscond, influence allegation that the petitioner attempted to abscond, influence allegation that the petitioner attempted to abscond, influence allegation that the petitioner attempted to abscond, influence He further submitted that witnesses or tamper with evidence. He further submitted that He further submitted that witnesses or tamper with evidence. accused pending before the Apex Court, the in the matter of co-accused pending before the Apex Court, the accused pending before the Apex Court, the in the matter of co Hon’ble Supreme Court has directed that no coercive steps be Hon’ble Supreme Court has directed that no coercive steps be Hon’ble Supreme Court has directed that no coercive steps be Hon’ble Supreme Court has directed that no coercive steps be taken during mediation proceedings, thereby recognizing the taken during mediation proceedings, thereby recognizing the taken during mediation proceedings, thereby recognizing the taken during mediation proceedings, thereby recognizing the oriented nature of the essentially private and settlement-oriented nature of the essentially private and settlement essentially private and settlement etitioner is neither a proclaimed offender nor dispute. The petitioner is neither a proclaimed offender nor etitioner is neither a proclaimed offender nor dispute. The p PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -4- that the involved in any other criminal case. He contends that the involved in any other criminal case. He involved in any other criminal case. He petitioner is ready and willing to join investigation as and petitioner is ready and willing to join investigation as and petitioner is ready and willing to join investigation as and petitioner is ready and willing to join investigation as and With when called upon to do so by the investigating agency. With when called upon to do so by the investigating agency. when called upon to do so by the investigating agency. or counsel prays that the these submissions learned senior counsel prays that the or counsel prays that the these submissions present petition be allowed and the petitioner be granted the present petition be allowed and the petitioner be granted the present petition be allowed and the petitioner be granted the present petition be allowed and the petitioner be granted the anticipatory bail. benefit of anticipatory bail.

4. Learned state counsel has filed status report in the Learned state counsel has filed status report in the Learned state counsel has filed status report in the Learned state counsel has filed status report in the matter and while relying upon the same, she has vehemently matter and while relying upon the same, she has vehemently matter and while relying upon the same, she has vehemently matter and while relying upon the same, she has vehemently the petitioner for grant of bail and opposed the prayer of the petitioner for grant of bail and the petitioner for grant of bail and opposed the prayer of submitted that the offence committed by the petitioner is submitted that the offence committed by the petitioner is submitted that the offence committed by the petitioner is submitted that the offence committed by the petitioner is serious in nature and he does not deserve any concession from serious in nature and he does not deserve any concession from serious in nature and he does not deserve any concession from serious in nature and he does not deserve any concession from It is submitted that the dispute cannot be brushed this Court. It is submitted that the dispute cannot be brushed It is submitted that the dispute cannot be brushed this Court. ute inasmuch as the aside as a mere civil or family dispute inasmuch as the aside as a mere civil or family disp aside as a mere civil or family disp investigation conducted by multiple Special Investigation investigation conducted by multiple Special Investigation investigation conducted by multiple Special Investigation investigation conducted by multiple Special Investigation Teams has revealed prima Teams has revealed prima Teams has revealed prima Teams has revealed prima facie material demonstrating facie material demonstrating facie material demonstrating facie material demonstrating preparation and use of forged retirement deeds, misuse of preparation and use of forged retirement deeds, misuse of preparation and use of forged retirement deeds, misuse of preparation and use of forged retirement deeds, misuse of signed blank papers and signed blank papers and signed blank papers and signed blank papers and fraudulent exclusion of fraudulent exclusion of fraudulent exclusion of fraudulent exclusion of d her sons from the most valuable partnership complainant and her sons from the most valuable partnership d her sons from the most valuable partnership complainant an concern, namely M/s Shri Ram Saroop Garg Cotton Mills, concern, namely M/s Shri Ram Saroop Garg Cotton Mills, concern, namely M/s Shri Ram Saroop Garg Cotton Mills, concern, namely M/s Shri Ram Saroop Garg Cotton Mills, Malout. The allegations are therefore not confined to rendition Malout. The allegations are therefore not confined to rendition Malout. The allegations are therefore not confined to rendition Malout. The allegations are therefore not confined to rendition of accounts or settlement of partnership disputes, but involve of accounts or settlement of partnership disputes, but involve of accounts or settlement of partnership disputes, but involve of accounts or settlement of partnership disputes, but involve unishable under Sections 420, 467, distinct criminal offences punishable under Sections 420, 467, unishable under Sections 420, 467, distinct criminal offences p submitted that the investigation 468, 471 and 120-B IPC. She submitted that the investigation submitted that the investigation 468, 471 and 120 PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -5- specifically reveals that the petitioner was one of the founding specifically reveals that the petitioner was one of the founding specifically reveals that the petitioner was one of the founding specifically reveals that the petitioner was one of the founding partners of the firm and was directly connected with the partners of the firm and was directly connected with the partners of the firm and was directly connected with the partners of the firm and was directly connected with the eeds and partnership execution of the disputed retirement deeds and partnership execution of the disputed retirement d execution of the disputed retirement d The SIT also noticed material contradictions documents. The SIT also noticed material contradictions The SIT also noticed material contradictions documents. accused between the versions of the present petitioner and co-accused between the versions of the present petitioner and co between the versions of the present petitioner and co Vinod Garg and Satpal Garg regarding the alleged settlement Vinod Garg and Satpal Garg regarding the alleged settlement Vinod Garg and Satpal Garg regarding the alleged settlement Vinod Garg and Satpal Garg regarding the alleged settlement te that and division of firms. Such contradictions clearly indicate that and division of firms. Such contradictions clearly indica and division of firms. Such contradictions clearly indica the documents were fabricated later to give colour of legitimacy the documents were fabricated later to give colour of legitimacy the documents were fabricated later to give colour of legitimacy the documents were fabricated later to give colour of legitimacy to the fraudulent acts committed against the complainant. He to the fraudulent acts committed against the complainant. He to the fraudulent acts committed against the complainant. He to the fraudulent acts committed against the complainant. He further submitted that the petitioner did not appear before the further submitted that the petitioner did not appear before the further submitted that the petitioner did not appear before the further submitted that the petitioner did not appear before the of the Investigating Agency despite notices issued by the office of the Investigating Agency despite notices issued by the office Investigating Agency despite notices issued by the office Superintendent Superintendent Superintendent Superintendent Police, Malout, Police, Malout, Police, Malout, Police, Malout, thereby thereby thereby thereby clearly clearly clearly clearly cooperation with the investigation. It is demonstrating non-cooperation with the investigation. It is cooperation with the investigation. It is demonstrating non further argued that the petitioner’s conduct disentitles him further argued that the petitioner’s conduct disentitles him further argued that the petitioner’s conduct disentitles him further argued that the petitioner’s conduct disentitles him from the discretionary relief of anticipatory bail. The custodial from the discretionary relief of anticipatory bail. The custodial from the discretionary relief of anticipatory bail. The custodial from the discretionary relief of anticipatory bail. The custodial interrogation of the petitioner is thus interrogatio necessary to recover thus necessary to recover original forged documents, to ascertain the complete modus original forged documents, to ascertain the complete modus original forged documents, to ascertain the complete modus original forged documents, to ascertain the complete modus operandi adopted by the accused persons, to identify the role operandi adopted by the accused persons, to identify the role operandi adopted by the accused persons, to identify the role operandi adopted by the accused persons, to identify the role of each conspirator and to trace the proceeds and assets of each conspirator and to trace the proceeds and assets of each conspirator and to trace the proceeds and assets of each conspirator and to trace the proceeds and assets wrongfully grabbed through forged documents. wrongfully grabbed through fo Hence she rged documents. Hence she prays that the present petition be dismissed. prays that the present petition be dismissed. prays that the present petition be dismissed.

5. Per contra, learned senior counsel appearing on Per contra, learned senior counsel appearing on Per contra, learned senior counsel appearing on Per contra, learned senior counsel appearing on adopts the behalf of the complainant/respondent No.2 adopts the behalf of the complainant/respondent No.2 behalf of the complainant/respondent No.2 PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -6- vehemently submissions made by learned state counsel and vehemently submissions made by learned state counsel and submissions made by learned state counsel and opposed the present petition and further opposed the present pe submitted that the further submitted that the petitioner petitioner petitioner petitioner is not entitled to the extraordinary relief of is not entitled to the extraordinary relief of is not entitled to the extraordinary relief of is not entitled to the extraordinary relief of anticipatory bail in view of the serious and grave allegations of anticipatory bail in view of the serious and grave allegations of anticipatory bail in view of the serious and grave allegations of anticipatory bail in view of the serious and grave allegations of cheating, forgery, fabrication of valuable security and criminal cheating, forgery, fabrication of valuable security and criminal cheating, forgery, fabrication of valuable security and criminal cheating, forgery, fabrication of valuable security and criminal and business assets worth conspiracy involving property and business assets worth and business assets worth conspiracy involving property several crores of rupees. Learned counsel further submitted several crores of rupees. Learned counsel further submitted several crores of rupees. Learned counsel further submitted several crores of rupees. Learned counsel further submitted that the petitioner has throughout played an active and that the petitioner has throughout played an active and that the petitioner has throughout played an active and that the petitioner has throughout played an active and conscious role in the conspiracy and cannot escape liability by conscious role in the conspiracy and cannot escape liability by conscious role in the conspiracy and cannot escape liability by conscious role in the conspiracy and cannot escape liability by merely claiming residence at Delhi or absence from day-to-day merely claiming residence at Delhi or absence fro merely claiming residence at Delhi or absence fro affairs. The SIT investigation has categorically recorded that affairs. The SIT investigation has categorically recorded that affairs. The SIT investigation has categorically recorded that affairs. The SIT investigation has categorically recorded that the petitioner, the petitioner, the petitioner, accused persons, in connivance with co-accused persons, in connivance with co in connivance with co procured stamp papers, prepared forged retirement deeds and procured stamp papers, prepared forged retirement deeds and procured stamp papers, prepared forged retirement deeds and procured stamp papers, prepared forged retirement deeds and facilitated fraudulent transfer of control over the complainant’s facilitated fraudulent transfer of control over the complainant’s facilitated fraudulent transfer of control over the complainant’s facilitated fraudulent transfer of control over the complainant’s share in the firm. It is further submitted that the plea that share in the firm. It is further submitted that the plea that share in the firm. It is further submitted that the plea that share in the firm. It is further submitted that the plea that earlier cancellation reports were filed is wholly misconceived earlier cancellation reports were filed is wholly misconceived earlier cancellation reports were filed is wholly misconceived earlier cancellation reports were filed is wholly misconceived and misleading. The said cancellation reports never attained and misleading. The said cancellation reports never attained and misleading. The said cancellation reports never attained and misleading. The said cancellation reports never attained finality and were repeatedly rejected or returned by the finality and were repeatedly rejected or returned by the finality and were repeatedly rejected or returned by the finality and were repeatedly rejected or returned by the urts, which directed further investigation on competent Courts, which directed further investigation on urts, which directed further investigation on competent Co more than one occasion. The subsequent SIT investigations more than one occasion. The subsequent SIT investigations more than one occasion. The subsequent SIT investigations more than one occasion. The subsequent SIT investigations unearthed fresh incriminating material against the petitioner unearthed fresh incriminating material against the petitioner unearthed fresh incriminating material against the petitioner unearthed fresh incriminating material against the petitioner and specifically recommended his nomination as an accused and specifically recommended his nomination as an accused and specifically recommended his nomination as an accused and specifically recommended his nomination as an accused along with addition of Section 120 along with addition of Section 1 B IPC. Therefore, the 20-B IPC. Therefore, the petitioner cannot derive any advantage petitioner cannot derive any advantage petitioner cannot derive any advantage petitioner cannot derive any advantage from earlier from earlier from earlier from earlier PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -7- inconclusive reports. The status report inconclusive reports. filed by the state The status report filed by the state specifically records that the petitioner has been absconding specifically records that the petitioner has been absconding specifically records that the petitioner has been absconding specifically records that the petitioner has been absconding and evading arrest and that repeated raids had to be and evading arrest and that repeated raids had to be and evading arrest and that repeated raids had to be and evading arrest and that repeated raids had to be ted to secure his presence. He argued that the ted to secure his presence. conducted to secure his presence. petitioner has not approached this Court with clean hands and itioner has not approached this Court with clean hands and Court with clean hands and has selectively relied upon portions of earlier reports while has selectively relied upon portions of earlier reports while has selectively relied upon portions of earlier reports while has selectively relied upon portions of earlier reports while suppressing subsequent suppressing subsequent suppressing subsequent suppressing subsequent findings and findings and findings and findings and recommendations recommendations recommendations recommendations her submitted that merely against him. Learned counsel further submitted that merely her submitted that merely against him. Learned counsel furt because the dispute arises amongst family members would not because the dispute arises amongst family members would not because the dispute arises amongst family members would not because the dispute arises amongst family members would not dilute the criminality involved where forged and fabricated dilute the criminality involved where forged and fabricated dilute the criminality involved where forged and fabricated dilute the criminality involved where forged and fabricated documents have been used to deprive legal heirs of their documents have been used to deprive legal heirs of their documents have been used to deprive legal heirs of their documents have been used to deprive legal heirs of their e valuable business interests and properties. The Hon’ble valuable business interests and properties. The Hon’b valuable business interests and properties. The Hon’b Court have consistently held Supreme Court as well as this Court have consistently held Court have consistently held Supreme Court as well as this rooted conspiracy, that economic offences involving deep-rooted conspiracy, that economic offences involving deep that economic offences involving deep forgery and misappropriation stand on a different footing and forgery and misappropriation stand on a different footing and forgery and misappropriation stand on a different footing and forgery and misappropriation stand on a different footing and custodial interrogation is often indispensable for effective custodial interrogation is often indispensable for effective custodial interrogation is often indispensable for effective custodial interrogation is often indispensable for effective case involve investigation. The allegations in the present case involve investigation. The allegations in the present investigation. The allegations in the present systematic systematic systematic systematic fraud concerning fraud concerning fraud concerning fraud concerning firms having firms having firms having firms having turnover of turnover of turnover of turnover of hundreds of crores and therefore constitute grave economic hundreds of crores and therefore constitute grave economic hundreds of crores and therefore constitute grave economic hundreds of crores and therefore constitute grave economic offences affecting not merely private rights but the sanctity of offences affecting not merely private rights but the sanctity of offences affecting not merely private rights but the sanctity of offences affecting not merely private rights but the sanctity of It commercial transactions and public records. It commercial transactions and public records. commercial transactions and public records. is also is also hat the reliance placed by the petitioner on submitted that the reliance placed by the petitioner on hat the reliance placed by the petitioner on submitted t proceedings pending before the Hon’ble Supreme Court proceedings pending before the Hon’ble Supreme Court proceedings pending before the Hon’ble Supreme Court proceedings pending before the Hon’ble Supreme Court accused persons is wholly misplaced. Any concerning co-accused persons is wholly misplaced. Any accused persons is wholly misplaced. Any concerning co PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -8- interim protection granted in mediation proceedings cannot interim protection granted in mediation proceedings cannot interim protection granted in mediation proceedings cannot interim protection granted in mediation proceedings cannot bail upon the automatically confer a right of anticipatory bail upon the automatically confer a right of anticipatory automatically confer a right of anticipatory petitioner, particularly when the allegations and role attributed petitioner, particularly when the allegations and role attributed petitioner, particularly when the allegations and role attributed petitioner, particularly when the allegations and role attributed to him are distinct and when investigation against him is still to him are distinct and when investigation against him is still to him are distinct and when investigation against him is still to him are distinct and when investigation against him is still In view of the gravity of allegations, the active role incomplete. In view of the gravity of allegations, the active role In view of the gravity of allegations, the active role incomplete. ocuments, his of the petitioner in preparation of forged documents, his of the petitioner in preparation of forged d of the petitioner in preparation of forged d evasive conduct during investigation, the requirement of evasive conduct during investigation, the requirement of evasive conduct during investigation, the requirement of evasive conduct during investigation, the requirement of custodial interrogation and the prima facie evidence collected custodial interrogation and the prima facie evidence collected custodial interrogation and the prima facie evidence collected custodial interrogation and the prima facie evidence collected during investigation, learned counsel prayed that the present during investigation, learned counsel prayed that the present during investigation, learned counsel prayed that the present during investigation, learned counsel prayed that the present petition being devoid of merit deserves to be dismissed. petition being devoid of merit deserves to be dismissed. petition being devoid of merit deserves to be dismissed.

6. Having heard learned counsel for the parties and Having heard learned counsel for the parties and Having heard learned counsel for the parties and Having heard learned counsel for the parties and after perusing the paperbook and reply filed by the state after perusing the , this paperbook and reply filed by the state, this Court is of the considered opinion that the petitioner has failed Court is of the considered opinion that the petitioner has failed Court is of the considered opinion that the petitioner has failed Court is of the considered opinion that the petitioner has failed to make out a case for grant of the extraordinary concession of to make out a case for grant of the extraordinary concession of to make out a case for grant of the extraordinary concession of to make out a case for grant of the extraordinary concession of y bail. The allegations levelled in the present FIR anticipatory bail. The allegations levelled in the present FIR y bail. The allegations levelled in the present FIR anticipator cannot, at this stage, be brushed aside as a mere civil dispute cannot, at this stage, be brushed aside as a mere civil dispute cannot, at this stage, be brushed aside as a mere civil dispute cannot, at this stage, be brushed aside as a mere civil dispute arising out of family settlement or rendition of partnership arising out of family settlement or rendition of partnership arising out of family settlement or rendition of partnership arising out of family settlement or rendition of partnership accounts. Rather, the material collected during investigation accounts. Rather, the material collected during investigation accounts. Rather, the material collected during investigation accounts. Rather, the material collected during investigation planned conspiracy involving prima facie discloses a well-planned conspiracy involving planned conspiracy involving prima facie discl preparation and use of forged and fabricated retirement deeds preparation and use of forged and fabricated retirement deeds preparation and use of forged and fabricated retirement deeds preparation and use of forged and fabricated retirement deeds allegedly executed on behalf of the complainant and her sons allegedly executed on behalf of the complainant and her sons allegedly executed on behalf of the complainant and her sons allegedly executed on behalf of the complainant and her sons for the purpose of unlawfully excluding them from the for the purpose of unlawfully excluding them from the for the purpose of unlawfully excluding them from the for the purpose of unlawfully excluding them from the valuable share in the partnership concern and usurping their valuable share in the partnership concern and usurping their partnership concern and usurping their PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -9- business and assets of the firm. The offences alleged against business and assets of the firm. The offences alleged against business and assets of the firm. The offences alleged against business and assets of the firm. The offences alleged against the petitioner are serious in nature and include offences the petitioner are serious in nature and include offences the petitioner are serious in nature and include offences the petitioner are serious in nature and include offences B IPC, punishable under Sections 420, 467, 468, 471 and 120-B IPC, punishable under Sections 420, 467, 468, 471 and 120 punishable under Sections 420, 467, 468, 471 and 120 y and which relate to cheating, forgery of valuable security and which relate to cheating, forgery of valuable securit which relate to cheating, forgery of valuable securit criminal conspiracy. Merely because certain cancellation criminal conspiracy. Merely because certain cancellation criminal conspiracy. Merely because certain cancellation criminal conspiracy. Merely because certain cancellation reports had earlier been submitted would not entitle the reports had earlier been submitted would not entitle the reports had earlier been submitted would not entitle the reports had earlier been submitted would not entitle the petitioner to anticipatory bail, particularly when such reports petitioner to anticipatory bail, particularly when such reports petitioner to anticipatory bail, particularly when such reports petitioner to anticipatory bail, particularly when such reports admittedly never attained finality and were not accepted by the admittedly never attained finality and were not accepted by the admittedly never attained finality and were not accepted by the admittedly never attained finality and were not accepted by the t Courts, which competent Courts, which t Courts, which t Courts, which instead instead instead instead directed directed directed directed further further further further investigation. The subsequent investigation has allegedly investigation. The subsequent investigation has allegedly investigation. The subsequent investigation has allegedly investigation. The subsequent investigation has allegedly unearthed unearthed unearthed unearthed incriminating material and specifically incriminating material and specifically incriminating material and specifically incriminating material and specifically recommended the nomination of the present petitioner as an recommended the nomination of the present petitioner as an recommended the nomination of the present petitioner as an recommended the nomination of the present petitioner as an The accused along with addition of Section 120-B IPC. The accused along with addition of Section 120 accused along with addition of Section 120 contention raised on behalf of the petitioner that he is a senior contention raised on behalf of the petitioner that he is a senior contention raised on behalf of the petitioner that he is a senior contention raised on behalf of the petitioner that he is a senior citizen residing at Delhi and was not actively involved in the citizen residing at Delhi and was not actively involved in the citizen residing at Delhi and was not actively involved in the citizen residing at Delhi and was not actively involved in the day affairs of the firms also does not persuade this day-to-day affairs of the firms also does not persuade this day affairs of the firms also does not persuade this day affairs of the firms also does not persuade this a facie Court at this stage, inasmuch as the investigation prima facie Court at this stage, inasmuch as the investigation prim Court at this stage, inasmuch as the investigation prim suggests his active participation in the execution of the suggests his active participation in the execution of the suggests his active participation in the execution of the suggests his active participation in the execution of the disputed documents and the conspiracy alleged by the disputed documents and the conspiracy alleged by the disputed documents and the conspiracy alleged by the disputed documents and the conspiracy alleged by the prosecution. Furthermore, the record reflects that despite prosecution. Furthermore, the record reflects that despite prosecution. Furthermore, the record reflects that despite prosecution. Furthermore, the record reflects that despite issuance of notices by the investigating agency, the petitioner issuance of notices by the investigating agency, the petitioner issuance of notices by the investigating agency, the petitioner issuance of notices by the investigating agency, the petitioner nvestigation. In cases involving allegations of did not join investigation. In cases involving allegations of nvestigation. In cases involving allegations of did not join i rooted forgery, fabrication of original documents and deep-rooted forgery, fabrication of original documents and deep forgery, fabrication of original documents and deep economic economic economic economic conspiracy, conspiracy, conspiracy, conspiracy, custodial custodial custodial custodial interrogation assumes interrogation assumes interrogation assumes interrogation assumes PUNEET SHARMA 2026.05.19 09.34 I attest to the accuracy and authenticity of this order/judgment CRM-M-12198 12198 of 2026 -10- significance for the purpose of recovery of original records, significance for the purpose of recovery of original records, significance for the purpose of recovery of original records, significance for the purpose of recovery of original records, he forged documents were discovery of the manner in which the forged documents were he forged documents were discovery of the manner in which t prepared and executed, identification of the role played by prepared and executed, identification of the role played by prepared and executed, identification of the role played by prepared and executed, identification of the role played by each conspirator and tracing of the benefits allegedly derived each conspirator and tracing of the benefits allegedly derived each conspirator and tracing of the benefits allegedly derived each conspirator and tracing of the benefits allegedly derived from the fraudulent transactions. At this stage, this Court from the fraudulent transactions. At this stage, this Court from the fraudulent transactions. At this stage, this Court from the fraudulent transactions. At this stage, this Court s of rival cannot conclusively record findings on the merits of rival cannot conclusively record findings on the merit cannot conclusively record findings on the merit claims; however, the material collected during investigation is claims; however, the material collected during investigation is claims; however, the material collected during investigation is claims; however, the material collected during investigation is sufficient to prima facie indicate the involvement of the sufficient to prima facie indicate the involvement of the sufficient to prima facie indicate the involvement of the sufficient to prima facie indicate the involvement of the It is befitting to mention here petitioner in the alleged offences. It is befitting to mention here It is befitting to mention here petitioner in the alleged offences. bail, the that while considering a plea for grant of anticipatory bail, the that while considering a plea for grant of anticipatory that while considering a plea for grant of anticipatory Court has to equilibrate between safeguarding individual Court has to equilibrate between safeguarding individual Court has to equilibrate between safeguarding individual Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to rights and protecting societal interest(s). The Court ought to rights and protecting societal interest(s). The Court ought to rights and protecting societal interest(s). The Court ought to reckon with the magnitude and nature of the offence; the role reckon with the magnitude and nature of the offence; the role reckon with the magnitude and nature of the offence; the role reckon with the magnitude and nature of the offence; the role attributed to the accused; the need attributed to the accused; the need attributed to the accused; the need attributed to the accused; the need fair and fair and fair and fair and tion as also the deeper and wide impact of such investigation as also the deeper and wide impact of such tion as also the deeper and wide impact of such tion as also the deeper and wide impact of such alleged iniquities on the society. It would be apposite to refer alleged iniquities on the society. It would be apposite to refer alleged iniquities on the society. It would be apposite to refer alleged iniquities on the society. It would be apposite to refer herein judgment of Hon’ble Supreme Court in ‘State Vs. Anil herein judgment of Hon’ble Supreme Court in herein judgment of Hon’ble Supreme Court in ‘State Vs. Anil