MOHAMMAD MUNIR MOHAMMAD MUNIR PUNJAB STATE OF PUNJAB v. …
Case Details
CRM-M-62913 62913-2025 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- 311 CRM CRM-M-62913-2025 Date of decision: 01.12.2025 Date of decision: MOHAMMAD MUNIR MOHAMMAD MUNIR 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 Present:- M Sharma, Advocate, Mr. Shiv Kumar Sharma, Advocate, for the petitioner. for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab. Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Amrit Pal Singh Gill, DAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.140 dated 28.09.2024 registered under seeks anticipatory bail in case FIR No.140 dated 28.09.2024 registered under FIR No.140 dated 28.09.2024 registered under seeks anticipatory bail in case 126(2), 115(2), 351(3), 127(7) and Sections 318(4), 336(2), 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) and 126(2), 115(2), 351(3), 127(7) and Sections 318(4), 336(2), 336(3), 338, 339, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of 61(2) of the Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of 61(2) of the Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of 61(2) of the Bharatiya Nyaya Sanhita, 2023 (Sections 329(4), 62 and 105 of I Malerkotla, District Malerkotla. BNS added later on), at Police Station City-I Malerkotla, District Malerkotla BNS added later on), at Police Station City 2. On 18.11.2025, following order had been passed: On .2025, following order had been passed: - the present petition filed under Section 482 of the “Prayer in the present petition filed under Section 482 of the the present petition filed under Section 482 of the “ BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.140 dated 28.09.2024 registered under Sections case FIR No.140 dated 28.09.2024 registered under Sections case FIR No.140 dated 28.09.2024 registered under Sections case FIR No.140 dated 28.09.2024 registered under Sections 318(4), 336(2), 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) 318(4), 336(2), 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) 318(4), 336(2), 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) 318(4), 336(2), 336(3), 338, 339, 126(2), 115(2), 351(3), 127(7) he Bharatiya Nyaya Sanhita, 2023 (Sections and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (Sections he Bharatiya Nyaya Sanhita, 2023 (Sections and 61(2) of t 329(4), 62 and 105 of BNS added later on), at Police Station 329(4), 62 and 105 of BNS added later on), at Police Station 329(4), 62 and 105 of BNS added later on), at Police Station 329(4), 62 and 105 of BNS added later on), at Police Station I Malerkotla, District Malerkotla. City-I Malerkotla, District Malerkotla. City GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-62913 62913-2025 - -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 - petitioner in connivance with other co-accused, under a pre- petitioner in connivance with other co petitioner in connivance with other co planned conspiracy, had committed fraud by preparing forged planned conspiracy, had committed fraud by preparing forged planned conspiracy, had committed fraud by preparing forged planned conspiracy, had committed fraud by preparing forged and fabricated documents, in order to usurp the property of and fabricated documents, in order to usurp the property of and fabricated documents, in order to usurp the property of and fabricated documents, in order to usurp the property of inlaw of the complainant). Akhtari (deceased mother-inlaw of the complainant). Akhtari (deceased mother Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He been falsely implicated in the present case. He petitioner has further contends that the petitioner was not named in the FIR further contends that the petitioner was not named in the FIR further contends that the petitioner was not named in the FIR further contends that the petitioner was not named in the FIR and has no concern with the alleged offence. He argues that and has no concern with the alleged offence. He argues that and has no concern with the alleged offence. He argues that and has no concern with the alleged offence. He argues that neither the petitioner was any beneficiary to the alleged Hiba neither the petitioner was any beneficiary to the alleged Hiba neither the petitioner was any beneficiary to the alleged Hiba neither the petitioner was any beneficiary to the alleged Hiba or has forged any document in this Nama dated 04.07.2024 nor has forged any document in this or has forged any document in this Nama dated 04.07.2024 n regard. He further argues that the main allegations and role is regard. He further argues that the main allegations and role is regard. He further argues that the main allegations and role is regard. He further argues that the main allegations and role is accused Wasim Sheikh and Mehmood Akhtar, attributed to co-accused Wasim Sheikh and Mehmood Akhtar, accused Wasim Sheikh and Mehmood Akhtar, attributed to co who are the beneficiary of the alleged transactions. It has also who are the beneficiary of the alleged transactions. It has also who are the beneficiary of the alleged transactions. It has also who are the beneficiary of the alleged transactions. It has also s of the FIR are taken to be been contended that if the contents of the FIR are taken to be been contended that if the content been contended that if the content true, even then no specific role has been attributed to the present true, even then no specific role has been attributed to the present true, even then no specific role has been attributed to the present true, even then no specific role has been attributed to the present petitioner and his name has been dragged in the FIR solely on petitioner and his name has been dragged in the FIR solely on petitioner and his name has been dragged in the FIR solely on petitioner and his name has been dragged in the FIR solely on the ground that he was acting as a marginal witness to the the ground that he was acting as a marginal witness to the the ground that he was acting as a marginal witness to the the ground that he was acting as a marginal witness to the alleged Hiba Nama dated 04.07.2024. Mo alleged Hiba Nama reover, the petitioner dated 04.07.2024. Moreover, the petitioner has clean antecedents as he is not involved in any other case. No has clean antecedents as he is not involved in any other case. No has clean antecedents as he is not involved in any other case. No has clean antecedents as he is not involved in any other case. No - recovery is to be effected from the petitioner. Further, co recovery is to be effected from the petitioner. Further, co- recovery is to be effected from the petitioner. Further, co accused Wasim Sheikh and Mehmood Akhtar have already been accused Wasim Sheikh and Mehmood Akhtar have already been accused Wasim Sheikh and Mehmood Akhtar have already been accused Wasim Sheikh and Mehmood Akhtar have already been ordinate granted the concession of anticipatory bail by a Co-ordinate granted the concession of anticipatory bail by a granted the concession of anticipatory bail by a accused Bench of this Court, vide order dated 16.05.2025 and co-accused Bench of this Court, vide order dated 16.05.2025 and co Bench of this Court, vide order dated 16.05.2025 and co Abdul Lateef, Mohd. Shabir @ Mohammad Shabbir and Naveen Abdul Lateef, Mohd. Shabir @ Mohammad Shabbir and Naveen Abdul Lateef, Mohd. Shabir @ Mohammad Shabbir and Naveen Abdul Lateef, Mohd. Shabir @ Mohammad Shabbir and Naveen Gupta, have also been granted the concession of anticipatory Gupta, have also been granted the concession of anticipatory Gupta, have also been granted the concession of anticipatory Gupta, have also been granted the concession of anticipatory bail by this Court, vide orders dated 16.10.2025. Learned bail by this Court, vide orders dated 16.10.2025. Learned bail by this Court, vide orders dated 16.10.2025. Learned bail by this Court, vide orders dated 16.10.2025. Learned sel further submits that the petitioner is ready and willing to counsel further submits that the petitioner is ready and willing to sel further submits that the petitioner is ready and willing to coun join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the join the investigation as and when called upon to do so by the investigating agency. investigating agency. Notice of motion. GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document. CRM-M-62913 62913-2025 On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, State and seeks Punjab, accepts notice on behalf of respondent-State and seeks Punjab, accepts notice on behalf Punjab, accepts notice on behalf - -3- time to file status report in the matter. time to file status report in the matter. time to file status report in the matter. Adjourned to 29.11.2025. In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating when required by the Investigating the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The petitioner s envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions a shall also abide by the conditions a 482(2) of BNSS, 2023” 482(2) of BNSS, 2023 3. Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of .2025 passed by this Court, the petitioner has joined the the order dated 18.11.2025 passed by this Court, the petitioner has joined the .2025 passed by this Court, the petitioner has joined the the order dated investigation. investigation. 4. Learned counsel for the State, on inst Learned counsel for the Lakhvir State, on instructions from ASI Lakhvir , has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. longer required for further investigation. 5. In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the olute. The petitioner shall continue interim order dated 18.11.2025 is made absolute. The petitioner shall continue olute. The petitioner shall continue interim order dated to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join 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. also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. 01.12.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.04 16:03 I attest to the accuracy and authenticity of this document.