Punjab-Haryana High Court
Mumtaz Ahmed vs State Of Punjab on 28 March, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-8227-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-8227-2025
Reserved on: 18.03.2025
Pronounced on: 28.03.2025
Mumtaz Ahmed ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Ms. Priya Sahoo, Advocate
for the petitioner.
Mr. Sukhdev Singh, AAG, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
158 21.10.2024 Dinanagar, District 318(4)/336(2)/336(3)/338/
Gurdaspur 61(2) and 340(2) of BNS
1. The petitioner apprehending arrest in the FIR captioned above has come up before
this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS],
seeking anticipatory bail.
2. In paragraph 20 of the bail petition, the accused declares that he has no criminal
antecedents.
3. The facts and allegations are being taken from the status report filed by the State,
which reads as follows:
"5. That it is humbly submitted that the brief facts of this
case are that Mr. Chandan Hans, PCS, Judicial Magistrate
(First Class), Gurdaspursent a letter to SHO Police Station
Dinanagar, Gurdaspur vide No 399 dated 07.10.2024 that on
02.10.2024, when the Learned Court of Mr.Chandan Hans,
PCS, Judicial Magistrate (First Class), Gurdaspur was on duty
someone has produced one Sapurdari order before your
officials but at that time, your official has verified the
genuineness of the said sapurdari order from the Naib Court of
this Court and at that time, the Naib Court has conveyed to
your official that the Learned Court of Mr. Chandan Hans,
PCS, Judicial Magistrate (First Class), Gurdaspur has not sent
any sapurdari order on duty. As such, it has came into the
notice of your official that someone has produced fake release
order by using forged sign and seal of the Learned Court of
Mr. Chandan Hans, PCS, Judicial Magistrate (First Class),
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-8227-2025
Gurdaspur. Therefore, it is asked from you what action you
have taken when it is already came to your notice that
someone has produced fake sapurdari order before your
official. Copy of the said sapurdari order is also attached
herewith. Report be called within 02 days. Hence a case
FIRNo. 158 dated 21.10.2024 under Section 318(4), 336(2),
336(3), 338, 61(2), 340(2) BNS Police Station Dinanagar has
been registered against the petitioner."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and
contends that further pre-trial incarceration would cause an irreversible injustice to the
petitioner and their family.
5. The State's counsel opposes bail and refers to the status report.
6. It would be appropriate to refer to the following portions of the status report,
which read as follows:
"7. ROLE OF THE PETITIONER:-
The petitioner has preparedforged sapurdari/release order by
using forged sign and seal of the Learned Court and used it as
genuine.
8. THE EVIENCE AGAINST THE PETITIONER:-
The forged sapurdari/release order which was used by the
petitioner as genuine and statement of criminal ahlmed of the
Ld court is on record."
REASONING:
7. Given the nature of offence, pre-trial incarceration should not be a replica of post-
conviction sentencing. The evidence might be prima facie sufficient to launch prosecution
or to frame charges, but this Court is not considering the evidence at that stage but is
analyzing it for the stage of anticipatory bail. An analysis of the above does not justify
custodial interrogation or pre-trial incarceration.
8. Given the above, the penal provisions invoked coupled with the primafacie
analysis of the nature of allegations and the other factors peculiar to this case, there
would be no justifiability for custodial interrogation or the pre-trial incarceration at this
stage. Without commenting on the case's merits, in the facts and circumstances peculiar
to this case, and for the reasons mentioned above, the petitioner makes a case for bail.
This order shall come into force from the time it is uploaded on this Court's official
webpage.
9. Given above, provided the petitioner is not required in any other case, the
petitioner shall be released on anticipatory bail in the FIR captioned above subject to
furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a
Court, then the concerned Court and due to unavailability before any nearest Ilaqa
Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court
Jyoti Sharma must be satisfied that if the accused fails to appear, such surety can produce the accused.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-8227-2025
10. While furnishing a personal bond, the petitioner shall mention the following
personal identification details:
1. AADHAR number
2. Passport number (If available) and when the
attesting officer/court considers it appropriate or
considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
11. This order is subject to the petitioner's complying with the following terms.
12. The petitioner is directed to join the investigation within seven days of uploading
this order on the official webpage of the High Court of Punjab and Haryana and as and
when called by the Investigator. The petitioner shall be in deemed custody for Section 27
of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the
investigation as and when called by the Investigating Officer or any Superior Officer and
shall cooperate with the investigation at all further stages as required. In the event of
failure to do so, the prosecution will be open to seeking cancellation of the bail. During
the investigation, the petitioner shall not be subjected to third-degree, indecent language,
inhuman treatment, etc.
13. The petitioner shall abide by all statutory bond conditions and appear before the
concerned Court(s) on all dates. The petitioner shall not tamper with the evidence,
influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any
witnesses, Police officials, or any other person acquainted with the facts and
circumstances of the case or dissuade them from disclosing such facts to the Police or the
Court.
14. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns
another section of any penal offense in this FIR, and if the new section prescribes a
maximum sentence that is not greater than the sections mentioned above, then this bail
order shall be deemed to have also been passed for the newly added section(s). However,
suppose the newly inserted sections prescribe a sentence exceeding the maximum
sentence prescribed in the sections mentioned above; then, in that case, the
Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven
days, providing an opportunity to avail the remedies available in law.
15. This bail is conditional, and the foundational condition is that if the petitioner
indulges in any non-bailable offense, the State may file an application for cancellation of
this bail before the Sessions Court, which shall be at liberty to cancel this bail.
16. Any observation made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-8227-2025
17. A certified copy of this order would not be needed for furnishing bonds, and any
Advocate for the Petitioner can download this order along with case status from the
official web page of this Court and attest it to be a true copy. If the attesting officer wants
to verify its authenticity, such an officer can also verify its authenticity and may
download and use the downloaded copy for attesting bonds.
18. Petition allowed in terms mentioned above. All pending applications, if any, stand
disposed of.
(ANOOP CHITKARA)
JUDGE
28.03.2025
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
