1 ABDUL LATEEF ABDUL LATEEF STATE OF PUNJAB STATE OF PUNJAB v. …
Case Details
CRM-M-56904 56904-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 212 CRM CRM-M-56904-2025 Date of decision: 18.11.2025 Date of decision: 1 ABDUL LATEEF ABDUL LATEEF STATE OF PUNJAB STATE OF PUNJAB Versus ….Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Shiv Kumar Sharma, Advocate, Mr. Shiv Kumar Sharma, Advocate, Present:- Mr. Mr. Mr. Kartik Gandhi, Advocate, for the petitioner. for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks FIR No.140 dated 28.09.2024 registered under Sections anticipatory bail in case FIR No.140 dated 28.09.2024 registered under Sections FIR No.140 dated 28.09.2024 registered under Sections anticipatory bail in case 126(2), 115(2), 351(3), 127(7) and 61(2) of the 318(4), 336(2), 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) and 61(2) of the 126(2), 115(2), 351(3), 127(7) and 61(2) of the 318(4), 336(2), 336(3), 338, 339, Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS added later Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS added later Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS added later Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS added later on), at Police Station City-I Malerkotla, District Malerkotla on), at Police Station City I Malerkotla, District Malerkotla. 2. On 16.10.2025, following order had been passed: On 1 .10.2025, following order had been passed: - the present petition filed under Section 482 of the BNSS, “Prayer in the present petition filed under Section 482 of the BNSS, the present petition filed under Section 482 of the BNSS, “ 2023 is for grant of anticipatory bail to the petitioner in case FIR 2023 is for grant of anticipatory bail to the petitioner in case FIR 2023 is for grant of anticipatory bail to the petitioner in case FIR 2023 is for grant of anticipatory bail to the petitioner in case FIR No.140 dated 28.09.2024 registered under Sections 318(4), 336(2), No.140 dated 28.09.2024 registered under Sections 318(4), 336(2), No.140 dated 28.09.2024 registered under Sections 318(4), 336(2), No.140 dated 28.09.2024 registered under Sections 318(4), 336(2), he 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) and 61(2) of the 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) and 61(2) of t 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) and 61(2) of t Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of BNS I Malerkotla, District added later on), at Police Station City-I Malerkotla, District added later on), at Police Station City added later on), at Police Station City Malerkotla. Malerkotla. GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. CRM-M-56904 56904-2025 - -2- Brief facts as per the case of the prosecution are that the Brief facts as per the case of the prosecution are that the Brief facts as per the case of the prosecution are that the planned petitioner in connivance with other co-accused, under a pre-planned petitioner in connivance with other co petitioner in connivance with other co conspiracy, had committed fraud by preparing forged and fabricated conspiracy, had committed fraud by preparing forged and fabricated conspiracy, had committed fraud by preparing forged and fabricated conspiracy, had committed fraud by preparing forged and fabricated documents, in order to usurp the property of Akhtari (deceased documents, in order to usurp the property of Akhtari (deceased documents, in order to usurp the property of Akhtari (deceased documents, in order to usurp the property of Akhtari (deceased mother-inlaw of the complainant). mother Learned counsel for the petitioner contends that the petitioner Learned counsel for the petitioner contends that the petitioner Learned counsel for the petitioner contends that the petitioner n falsely implicated in the present case. He further contends has been falsely implicated in the present case. He further contends n falsely implicated in the present case. He further contends has bee that the petitioner was not named in the FIR and has no concern with that the petitioner was not named in the FIR and has no concern with that the petitioner was not named in the FIR and has no concern with that the petitioner was not named in the FIR and has no concern with the alleged offence. He argued that neither the petitioner was any the alleged offence. He argued that neither the petitioner was any the alleged offence. He argued that neither the petitioner was any the alleged offence. He argued that neither the petitioner was any has beneficiary to the alleged Hiba Nama dated 04.07.2024 nor has beneficiary to the alleged Hiba Nama dated 04.07.2024 nor beneficiary to the alleged Hiba Nama dated 04.07.2024 nor forged any document in this regard. He further argued that the main forged any document in this regard. He further argued that the main forged any document in this regard. He further argued that the main forged any document in this regard. He further argued that the main accused Wasim Sheikh and allegations and role is attributed to co-accused Wasim Sheikh and allegations and role is attributed to co allegations and role is attributed to co Mehmood Akhtar, who are the beneficiary of the alleged transactions. Mehmood Akhtar, who are the beneficiary of the alleged transactions. Mehmood Akhtar, who are the beneficiary of the alleged transactions. Mehmood Akhtar, who are the beneficiary of the alleged transactions. f the FIR are taken to It has also been contended that if the contents of the FIR are taken to It has also been contended that if the contents o It has also been contended that if the contents o be true, even then no specific role has been attributed to the present be true, even then no specific role has been attributed to the present be true, even then no specific role has been attributed to the present be true, even then no specific role has been attributed to the present petitioner and his name has been dragged in the FIR solely on the petitioner and his name has been dragged in the FIR solely on the petitioner and his name has been dragged in the FIR solely on the petitioner and his name has been dragged in the FIR solely on the ground that he was acting as a marginal witness to the alleged Hiba ground that he was acting as a marginal witness to the alleged Hiba ground that he was acting as a marginal witness to the alleged Hiba ground that he was acting as a marginal witness to the alleged Hiba ver, Nama dated 04.07.2024. Moreover, Nama dated 04.07.2024. Moreo Nama dated 04.07.2024. Moreo the petitioner has clean the petitioner has clean antecedents as he is not involved in any other case. No recovery is to antecedents as he is not involved in any other case. No recovery is to antecedents as he is not involved in any other case. No recovery is to antecedents as he is not involved in any other case. No recovery is to accused Wasim Sheikh be effected from the petitioner. Further, co-accused Wasim Sheikh be effected from the petitioner. Further, co be effected from the petitioner. Further, co and Mehmood Akhtar have already been granted the concession of and Mehmood Akhtar have already been granted the concession of and Mehmood Akhtar have already been granted the concession of and Mehmood Akhtar have already been granted the concession of ordinate Bench of this Court, vide order anticipatory bail by a Co-ordinate Bench of this Court, vide order ordinate Bench of this Court, vide order anticipatory bail by a Co dated 16.05.2025. Learned counsel has further submitted that the dated 16.05.2025. Learned counsel has further submitted that the dated 16.05.2025. Learned counsel has further submitted that the dated 16.05.2025. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when petitioner is ready and willing to join the investigation as and when petitioner is ready and willing to join the investigation as and when petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. called upon to do so by the investigating agency. called upon to do so by the investigating agency. te counsel has opposed the On the other hand, learned State counsel has opposed the On the other hand, learned Sta prayer for grant of anticipatory bail, by submitting that the prayer for grant of anticipatory bail, by submitting that the prayer for grant of anticipatory bail, by submitting that the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. He allegations levelled against the petitioner are serious in nature. He allegations levelled against the petitioner are serious in nature. He allegations levelled against the petitioner are serious in nature. He - has further submitted that the petitioner in connivance with other co has further submitted that the petitioner in connivance with other co- has further submitted that the petitioner in connivance with other co forged and fabricated documents to usurp accused is alleged to have forged and fabricated documents to usurp forged and fabricated documents to usurp accused is alleged to have the property of Akhtari (deceased mother-inlaw of the complainant). the property of Akhtari (deceased mother the property of Akhtari (deceased mother Adjourned to 18.11.2025. In the meantime, the petitioner is directed to join investigation In the meantime, the petitioner is directed to join investigation In the meantime, the petitioner is directed to join investigation equired by within a week from today and would appear as and when required by within a week from today and would appear as and when r within a week from today and would appear as and when r the Investigating Officer and cooperate with the Investigating Agency. the Investigating Officer and cooperate with the Investigating Agency. the Investigating Officer and cooperate with the Investigating Agency. the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on In the event of arrest, he shall be admitted to interim bail on GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. CRM-M-56904 56904-2025 furnishing furnishing furnishing furnishing of of of of bail/surety bail/surety bail/surety bail/surety bonds bonds bonds bonds to to to to the the the the satisfaction satisfaction satisfaction satisfaction of of of of all also abide by the Arresting/Investigating Officer. The petitioner shall also abide by the Arresting/Investigating Officer. The petitioner sh Arresting/Investigating Officer. The petitioner sh conditions as envisaged under Section 482(2) of BNSS, 2023.” conditions as envisaged under Section 482(2) of BNSS, 2023. conditions as envisaged under Section 482(2) of BNSS, 2023. - -3- 3. Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the .10.2025 passed by this Court, the petitioner has joined the order dated 16.10.2025 passed by this Court, the petitioner has joined the .10.2025 passed by this Court, the petitioner has joined the order dated 1 investigation. 4. Lakhbir Learned counsel for the State, on instructions from ASI Lakhbir Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from ASI , has submitted that the petitioner has joined the investigation and is no longer Singh, has submitted that the petitioner has joined the investigation and is no longer , has submitted that the petitioner has joined the investigation and is no longer , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. required for further investigation. 5. rim In view of the statement made by learned State counsel, the interim In view of the statement made by learned State counsel, the inte In view of the statement made by learned State counsel, the inte order dated 16 .10.2025 is made absolute. The petitioner shall continue to join 6.10.2025 is made absolute. The petitioner shall continue to join .10.2025 is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide investigation, as and when called by the Investigating Officer and shall also abide investigation, as and when called by the Investigating Officer and shall also abide investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. by the conditions as provided under Section 482(2) of the BNSS. by the conditions as provided under Section 482(2) of the BNSS. 18.11.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document.