Harminder Kaur vs State Of Punjab

Punjab-Haryana High Court

Harminder Kaur vs State Of Punjab on 29 April, 2026

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S026 PRG 856s

CRM-M-16966-2026

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH
221
CRM-M-16966-2026
Date of decision: 29.04.2026

HARMINDER KAUR

...-Petitioner

Versus

STATE OF PUNJAB

.... Respondent

CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL
Present:- | Mr. Amandeep Singh Jawandha, Advocate for the petitioner.

Mr. Rahul Jindal, AAG, Punjab.

Mr. Suveer Sheokand, Advocate for the complainant.

36 2 2s 2k 2k

RUPINDERJIT CHAHAL, J. (ORAL)

1. Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.53 dated 05.03.2026 registered under Sections 318(4), 336(2), 338, 336(3), 340(2), 61(2) of BNS at Police Station Jamalpur, District Ludhiana.

2. Brief facts of the prosecution case are that the petitioner, in connivance with the other co-accused, allegedly forged the signatures of the complainant and, in collusion with each other, committed fraud upon the Sahibana Women Milk Producers Cooperative Society Limited. Hence, the present FIR.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and the present matter. He contends that the petitioner and her family had been associated with the Cooperative Society for several years with an unblemished record and, during their tenure, the MOHIT 2026.04.30 16:16 I attest to the accuracy and integrity of this document S026 PRG 856s CRM-M-16966-2026 society progressed substantially in its annual turnover. He further submits that no member has alleged non-payment or misappropriation of funds and no amount is shown to have been embezzled. The accounts of the society were regularly audited by the competent authorities and no financial irregularity was ever pointed out. He argues that the entire prosecution case rests upon a solitary discrepancy in an Excel sheet, which at best could be a clerical or typographical error and does not constitute any offence of cheating or forgery. It is further contended that all transactions were conducted through proper banking channels and duly reflected in official records. Learned counsel for the petitioner further submits that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency.

4. After registration of the FIR, investigation has been initiated and is under way. Apprehending her arrest, the petitioner had moved an application for grant of anticipatory bail which has been dismissed by learned Additional Sessions Judge, Ludhiana vide order dated 18.03.2026.

5. On the other hand, learned State counsel has already filed the status report and relying upon the same has opposed the prayer for grant of anticipatory bail, by submitting that the petitioner was actively involved, in connivance with the co-accused, in manipulating Excel sheets relating to disbursement of payments of the Cooperative Society and dishonestly diverting society funds into her own account by using false beneficiary entries. He further submits that the petitioner also forged the signatures of the complainant on documents submitted to the bank. It is contended that the allegations are supported by the statement of the complainant, enquiry MOHIT 2026.04.30 16:16 I attest to the accuracy and integrity of this document S026 PRG 856s CRM-M-16966-2026 report, Excel sheets, bank records and other material collected during investigation. Learned State counsel further submits that the investigation is at a nascent stage and custodial interrogation of the petitioner is necessary to trace the siphoned amount, recover original records and digital devices, and to unearth the larger conspiracy involving the co-accused and therefore, the present petition deserves dismissal.

6. Learned counsel for the complainant opposes the prayer of the petitioner and submits that the petitioner in connivance with co-accused has duped the complainant as well as members of the Society. Therefore, the petitioner does not deserve the relief prayed for. Therefore, the petitioner does not deserve the relief prayed for.

7. Heard.

8. In the present case, the allegations against the petitioner are serious in nature, as she is specifically named for manipulating Excel sheets of the Cooperative Society and diverting funds into his own account through false entries. As per the State reply, the statement of the complainant, enquiry report, Excel sheets and bank records prima facie connect the petitioner with the alleged offence. There are also allegations of forging the complainant's signatures on documents submitted to the bank. The investigation so far requires deeper probe regarding misappropriation of funds and involvement of co-accused persons, for which custodial interrogation of the petitioner is necessary for effective investigation. It is befitting to mention here that while considering a plea for grant of anticipatory bail, the Court has to equilibrate between safeguarding individual rights and protecting societal interest(s). The Court ought to MOHIT 2026.04.30 16:16 I attest to the accuracy and integrity of this document CRM-M-16966-2026 S026 PRG 856s reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. It would be apposite to refer herein judgment of Hon'ble Supreme Court in 'State Vs. Anil Sharma', (1997) 7 SCC 187, wherein it has been held as under:

9.

"6. We find, force in the submission of CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well-ensconced with a favourable order under Section 438 of the Code. In a case like this, effective interrogation of a suspected person is of tremendous advantage in disinterring many useful information and also imaterials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders. "

Accordingly, this Court finds no merit in the present petition in the factual matrix of the case in hand. Moreover, custodial interrogation of the petitioner is necessary for effective investigation and if it is denied, it will leave many loose ends, which is not desired. Thus, the present petition being devoid of merits is hereby dismissed.

2026 PHC 08565?

CRM-M-16966-2026

10. It is made clear that nothing said hereinabove shall be deemed to be an expression of opinion upon merits of the case/investigation.

(RUPINDERJIT CHAHAL) 29.04.2026 JUDGE Mohit Bishnoi

i) Whether speaking/reasoned? Yes/No

ii) Whether reportable? Yes/No MOHIT 2026.04.30 16:16 I attest to the accuracy and integrity of this document