The High Court
Case Details
CRM-M-32478 32478-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA 217 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH PAVITTARPAL SINGH PAVITTARPAL SINGH CRM- -M-32478-2025 Date of Decision: 11.11.2025 Date of Decision: …Petitioner Versus STATE OF PUNJAB & ANR STATE OF PUNJAB …Respondents
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present:- Mr. S.K. Bokolia, Advocate for the petitioner. Mr. Bareen Pratap Singh, AAG, Punjab. Mr. Bareen Pratap Singh, AAG, Punjab. SANJAY VASHISTH, J.(Oral) SANJAY VASHISTH 1. The instant petition has been filed under Section 483 of The instant petition has been filed under Section BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a the petitioner, during the pendency of trial, who has been booked in a the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed criminal case arising out of First Information Report, as detailed criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) Petitioner(s) FIR No. Date Section(s) Police Section(s) Station District PAVITTARPA 3 PAVITTARPA L SINGH 18.06.2013 420 IPC 420 IPC NRI, Amritsar Amritsar 2. On 22.08.2025, the following order was passed:- On 22.08.2025, the following order was passed: “ 1. Present petition has been filed by the Present petition has been filed by the petitioner, seeking grant of anticipatory bail petitioner, seeking grant of anticipatory bail in case bearing FIR No.3, dated 18.06.2013, in case bearing FIR No.3, dated 18.06.2013, under Sections(s) 420 of IPC, registered at under Sections(s) 420 of IPC, registered at Police Station NRI, District Amritsar. Police Station NRI, District Amritsar. On oral request made by counsel for On oral request made by counsel for 2. e petitioner, complainant namely “Satwant the petitioner, complainant namely “Satwant HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-32478 32478-2025 -2- Kaur Randhawa (N.R.I.) daughter of Inder Kaur Randhawa (N.R.I.) daughter of Inder Singh Randhawa, resident of 970 O’Connor Singh Randhawa, resident of 970 O’Connor Drive, Toronto, Canada”, is ordered to be Drive, Toronto, Canada”, is ordered to be impleaded as respondent No.2 in the present impleaded as respondent No.2 in the present petition. Let amended memo of parties be filed Let amended memo of parties be fi by counsel for the petitioner in the Registry, by counsel for the petitioner in the Registry, within a period of one week from today, within a period of one week from today, without moving any separate application. without moving any separate application. Counsel for the petitioner submits that Counsel for the petitioner submits that 3. criminal case against the petitioner has been criminal case against the petitioner has been registered, primarily on the basis registered, primarily on the basis of an alleged agreement between the petitioner alleged agreement between the petitioner and respondent No.2/complainant. As per and respondent No.2/complainant. As per the terms of the said agreement, petitioner the terms of the said agreement, petitioner was to undertake construction of a house was to undertake construction of a house upon receipt of an amount of Rs.30 lakhs. upon receipt of an amount of Rs.30 lakhs. It is submitted that, in fact, only part It is submitted that, in fact, only part payment was received by the petitioner. payment was received by the petitioner. However, petitioner is now willing to return However, petitioner is now willing to return the amount received by him and amicably the amount received by him and amicably resolve the dispute, which, according to the resolve the dispute, which, according to the petitioner, is purely civil in nature. petitioner, is purely civil in nature. 4. onsidering the nature of allegations, Considering the nature of allegations, on 20.08.2025, following order was passed on 20.08.2025, following order was passed by this Court:- “i) present petition has been “i) present petition has been filed under Section 483 of the filed under Section 483 of the Sanhita Bharatiya Nyaya Sanhita Bharatiya Nyaya (BNS), seeking regular bail in (BNS), seeking regular bail in FIR No. 3 dated 18.06.2013, FIR No. 3 dated 18.06.2013, registered under Section 420 registered unde IPC at Police Station NRI, IPC at Police Station NRI, Amritsar, District Amritsar. Amritsar, District Amritsar. ii) In view of the submission ii) In view of the submission that the petitioner is willing to that the petitioner is willing to resolve the dispute by repaying resolve the dispute by repaying the the disputed amount the disputed amount the complainant, the hearing of the complainant, the hearing of the present petition is deferred t present petition is deferred to 22.08.2025. 22.08.2025. iii) To be shown in the urgent iii) To be shown in the urgent list.” to to “ 5. Counsel for the petitioner informs Counsel for the petitioner informs case, registration of after after that, case, registration of that, complainant/respondent No.2 has returned complainant/respondent No.2 has returned to Canada and is not appearing before the to Canada and is not appearing before the trial Court, despite repeated issuance of trial Court, despite repeated issuance of notices. the the HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-32478 32478-2025 -3- He further submits that whenever the He further submits that whenever the complainant returns to India or makes to India or makes complainant returns herself available by joining the proceedings herself available by joining the proceedings before the trial Court, petitioner is willing to before the trial Court, petitioner is willing to return the amount and resolve the dispute return the amount and resolve the dispute amicably in the future, as well. amicably in the future, as well. Adjourned to 11.11.2025. Adjourned to 11.11.2025. 6. the Let an attempt be made by Let an attempt be 7. respondent respondent serve serve to to petitioner, petitioner, /complainant, through e-mail or any No.2/complainant, through e other mode. 8. Meanwhile, petitioner is ordered to be Meanwhile, petitioner is ordered to be released on interim bail, till the next date of released on interim bail, till the next date of o his furnishing bail/surety hearing, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Illaqa Court/Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if Magistrate/Duty Magistrate concerned, if not required in any other case.” not required in any other case.” 3. Learned DAG submits that respondent No.2-complainant Learned DAG submits that respondent No.2 ot returned from Canada, therefore, he is unable to apprise the has not returned from Canada, therefore, he is unable to apprise the ot returned from Canada, therefore, he is unable to apprise the Court with the latest position viz.-a-viz the Court with viz the grievance of the t. In view of the circumstances, this Court deems it complainant. In view of the circumstances, this Court deems it t. In view of the circumstances, this Court deems it appropriate to confirm the order dated 22.08.2025. Accordingly, order appropriate to confirm the order dated 22.08.2025. Accordingly, or appropriate to confirm the order dated 22.08.2025. Accordingly, or dated 22.08.2025 is hereby made absolute. dated 22.08.2025 is hereby made absolute. 4. prayer made in the present petition is Consequently, prayer made in the present petition is etitioner is ordered to be released on bail, subject to his allowed. Petitioner is ordered to be released on bail, subject to his etitioner is ordered to be released on bail, subject to his to the satisfaction of the learned furnishing fresh bail/surety bonds to the satisfaction of the learned furnishing fresh bail/surety bonds trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. Magistrate concerned, if not required in any other case. Magistrate concerned, if not required in any other case. However, it is clarified that the bail bonds/surety bonds However, it is clarified that the bail bonds/surety bonds pursuance to the interim bail already furnished by the petitioner in pursuance to the interim bail already furnished by the petitioner in HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-32478 32478-2025 -4- order dated 22.08.2025 would be sufficient to consider the same for order dated 22.08.2025 would be sufficient to consider the same for order dated 22.08.2025 would be sufficient to consider the same for all intent and purposes for which bail has been granted. all intent and purposes for which bail has been granted. all intent and purposes for which bail has been granted. 5. Needless to observe that the petitioner shall not extend Needless to observe that the petitioner shall not extend prosecution witness in any any threat and shall not influence any prosecution witness in any any threat and shall not influence any manner directly or indirectly. manner directly or indirectly. 6. Any of the discussion done and recorded here above, Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the shall not be construed as an expression of opinion on the facts of the shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an case. Therefore, trial Court is expected to decide the case by taking case. Therefore, trial Court is expected to decide the case by taking independent view, on the basis of evidence available on record, as independent view, on the basis of evidence available on record, as independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. expeditiously as possible, in accordance with law. expeditiously as possible, in accordance with law. 7.
Decision
Petition stands disposed of. (SANJAY VASHISTH) JUDGE 11.11.2025 himanshu Whether reasoned/speaking: Yes/No Whether reportable: Yes/No HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document