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Amarjit Singh vs State Of Punjab
2026 Latest Caselaw 3124 P&H

Citation : 2026 Latest Caselaw 3124 P&H
Judgement Date : 8 April, 2026

[Cites 12, Cited by 0]

Punjab-Haryana High Court

Amarjit Singh vs State Of Punjab on 8 April, 2026

                 CRM-M-15934-2026 (O&M)                                                              -1-




                          IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                                      HARYANA AT CHANDIGARH

                                                                             CRM-M-15934-2026 (O&M)

                 Amarjit Singh                                                                   ...Petitioner


                                                              Versus

                 State of Punjab                                                                ...Respondent

                      Sr. No.                              Particulars                               Details
                    1           The date when the judgment is reserved                            07.04.2026
                    2           The date when the judgment is pronounced                          08.04.2026
                    3           The date when the judgment is uploaded on the website             08.04.2026
                                Whether only operative part of the judgment is pronounced or full
                    4                                                                             Full
                                judgment is pronounced
                                The delay, if any, of the pronouncement of full judgment, and     Not
                    5
                                reasons thereof                                                   applicable


                 CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

                 Present:-         Ms. Tanu Bedi, Advocate (through VC) and
                                   Mr. Pushp Jain, Advocate
                                   for the petitioner.

                                   Mr. P. I. P. Singh, Addl. A.G., Punjab with
                                   Mr. Durgesh Garg, AAG, Punjab.

                                   Mr. Pradeep Virk, Senior Advocate with
                                   Mr. Ajay Sharma, Advocate and
                                   Mr. Amandeep Punia, Advocate
                                   for the complainant.

                 MANISHA BATRA, J.

1. Prayer in this petition, filed under Section 482 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory

bail to the petitioner in case bearing FIR No.168 dated 07.12.2025, registered

under Sections 295, 295-A, 408, 409, 465 and 120-B of IPC and Section 5 of

Jagat Jot Shri Guru Granth Sahib Satkar Act, 2008 (Sections 466, 467, 468 and

CRM-M-15934-2026 (O&M) -2-

471 of IPC added later on) at Police Station Division-C, District Police

Commissionerate Amritsar.

2. Brief facts of the case relevant for the purpose of disposal of this

petition are that the abovementioned FIR has been registered at the instance of

complainant Baldev Singh, representative of 'Sikh Sadbhavna Dal', alleging

therein that 328 sacred saroops (holy books) of 'Shri Guru Granth Sahib Ji',

which were in the custody of 'Shriomani Gurudwara Prabandhak Committee',

Sri Amritsar Sahib, were found missing in 2016. It is alleged that the petitioner

in connivance with other accused persons was involved in unauthorized

printing, distribution, disappearance and mishandling of sacred saroops,

misappropriation and commission of a fraud, worth Rs.9,82,700/-, with the

institution. It has also been alleged that evidence pertaining to abovementioned

acts has been destroyed and the religious sentiments of Sikh community have

been hurt. The abovesaid allegations are based upon the report of the fact-

finding/inquiry Committee constituted by the Shriomani Gurudwara

Prabandhak Committee (for short 'SGPC'), Sri Amritsar Sahib. After

registration of the FIR, investigation proceedings have been initiated. During

the course of investigation, it was found that the petitioner was working as

Sewadar with the SGPC. He did not maintain the record of the

destructed/cremated holy scriptures of Sri Guru Granth Sahib Ji with a mala

fide intention. Apprehending his arrest, the petitioner had filed an application

seeking concession of anticipatory bail before the Court of learned Additional

Sessions Judge, Amritsar but the same had been dismissed, vide order dated

19.01.2026.

CRM-M-15934-2026 (O&M) -3-

3. It has been argued by learned counsel for the petitioner that he has

been falsely implicated in this case. He was running a private school. He was

not connected to SGPC in any manner and was only performing occasional

and voluntary services at Goindwal Sahib. He had volunteered to deliver a

status report to Ishar Singh Inquiry Committee only because Bhai Narinder

Singh had passed away and the regular Sewadar was not available at that time

and only due to that reason, he cannot be termed as official 'Sewadar'. Since

he was not holding any official post, the allegations levelled against him that

he failed to record the damaged scriptures in the year 2016 are baseless and

have no sanctity. The petitioner has been made a scapegoat due to the

connivance and illegal acts of certain higher officials in a case relating to the

alleged misappropriation of saroops of Sri Guru Granth Sahib Ji. The

petitioner has no concern whatsoever with the alleged misappropriation, which

is stated to have occurred during the period from the year 2011 to 2016, when

the petitioner had no connection of any kind with the Printing Department.

4. It is further argued by learned counsel for the petitioner that a bare

perusal of the FIR reveals that it is vague, devoid of particulars and does not

attribute any specific role to the petitioner. Moreover, the SGPC itself has

never alleged that the petitioner committed any offence as mentioned in the

FIR. An earlier complaint filed by Balwinder Singh, General Secretary of the

same association, under Section 156(3) Cr.P.C. seeking registration of FIR on

identical allegations, had already been dismissed by the learned Judicial

Magistrate First Class, Amritsar, vide a detailed order dated 08.04.2021. There

is inordinate and unexplained delay in registration of the FIR. The petitioner

CRM-M-15934-2026 (O&M) -4-

has clean antecedents and is not involved in any other case. He is in Canada

since August, 2025 i.e. even before registration of the present FIR. He is ready

to join the investigation by returning to India. His custodial interrogation is not

required. No recovery is to be effected from him. No useful purpose would be

served by detaining him in custody. Co-accused Gurmukh Singh, Baj Singh

and Manjit Singh, against whom there are even graver allegations, have been

granted concession of interim anticipatory bail by this Court. On parity, the

petitioner too deserves to be given the same benefit. Hence, it is urged that the

petition deserves to be allowed.

5. Per contra, learned State Counsel, assisted by learned Senior

counsel for the complainant, has argued that the present case involves serious

allegations of forgery, fabrication, tampering with evidence, destruction of

official records of SGPC and sacrilege/disrespect of Shri Guru Granth Sahib Ji

by senior officials and sewadars including the petitioner since 2013-14.

Reference is made to an incident dated 19.05.2016 at Gurudwara Ramsar,

Amritsar, where approximately 80 saroops were allegedly damaged in a fire.

Learned State counsel submits that an inquiry conducted by SGPC culminated

in a report dated 23.10.2018, which revealed large-scale forgery of records,

bills, ledgers, and vouchers, along with destruction of records and fabrication

of evidence by officials and senior management. However, no action was taken

against the persons involved, indicating a nexus between the culprits and

higher authorities. A High-Level Inquiry Commission was constituted by

SGPC in July, 2020, which submitted its report on 23.08.2020. The

Commission found that 328 saroops of Shri Guru Granth Sahib Ji were

unaccounted for and were under the control of the co-accused and the

CRM-M-15934-2026 (O&M) -5-

petitioner, and recommended legal action. The petitioner was serving as

Sewadar in with the SGPC but he failed to maintain the record of the

destructed/cremated holy scriptures of Sri Guru Granth Sahib Ji with a mala

fide intention. In February, 2020, 61 scriptures were prepared in an

unauthorized manner from additional parts. He had failed to perform his duties

intentionally. The petitioner acted in collusion with co-accused in commission

of the offences. His custodial interrogation is required for conducting proper

investigation in the matter. It is, therefore, urged that the petition is liable to be

dismissed.

6. This Court has heard the rival submissions.

7. As per the allegations, 328 saroops of Shri Guru Granth Sahib Ji

were accounted for during this period and the same were under the control of

the co-accused and the petitioner. The petitioner has been nominated as

accused on the allegations that he was working as Sewadar with the SGPC but

he, in connivance with the co-accused, did not maintain the record of the

destructed/damaged scriptures. However, the petitioner has taken a candid

stand that he was not an official Sewadar and had only performed as such

occasionally and voluntarily in the absence of regular/official Sewadar. This

disputed question of fact can only be decided after appreciating the evidence to

be produced on record during trial and no conclusive inference can be drawn at

this stage. However, on a perusal of the record, it is apparent that the

allegations do not prima facie indicate that he was involved in any act of

misappropriation or that he committed any form of disrespect to holy saroops

of Shri Guru Granth Sahib Ji. Rather, the allegations are confined only to the

negligence and not to any act of misappropriation or criminal intent. It also

CRM-M-15934-2026 (O&M) -6-

emerges that the alleged incidents pertain to the period from 2011 to 2016,

whereas the FIR in question has been registered only on 07.12.2025, after an

inordinate delay, for which no plausible explanation has been furnished.

Another significant aspect is that the FIR has not been lodged by the SGPC

itself, which is the competent body entrusted with the management of religious

affairs but rather at the instance of a third party, despite the matter having

remained within the knowledge of the SGPC for a considerable period of time.

It is also apparent that the evidence sought to be collected by the Investigating

Agency is largely documentary in nature and, therefore, custodial interrogation

of the petitioner does not appear to be necessary. In any case, if any further

inquiry is required from the petitioner, the same can be effectively carried out

by directing him to join and cooperate with the investigation as and when

called upon to do so.

8. It is further noteworthy that there is nothing on record to suggest

that in the event of being granted anticipatory bail, the petitioner would either

tamper with the evidence or influence any witness. The petitioner is stated to

have clean antecedents and has expressed his willingness to join the

investigation. Moreso, the abovenamed co-accused, against there were even

graver allegations, have already been granted concession of anticipatory bail

by this Court. The principle of parity also weighs in favour of the petitioner. In

view of the aforesaid facts and circumstances, this Court is of the considered

opinion that the petitioner has made out a case for grant of anticipatory bail.

Consequently, the present petition is allowed. The petitioner is directed to join

the investigation within a period of 30 days from today by appearing before the

Investigating Officer or as and when called upon to do so and in the event of

CRM-M-15934-2026 (O&M) -7-

arrest, he shall be released on anticipatory bail subject to furnishing adequate

personal/surety bonds to the satisfaction of the Arresting/Investigating Officer

and subject to the conditions as envisaged under Section 482(2) of the BNSS.

9. It is made clear that the observations made hereinabove are only

for the purpose of deciding the present petition and the same shall not be

construed as an expression of opinion on the merits of the case.

08.04.2026 (MANISHA BATRA) Waseem Ansari JUDGE

Whether speaking/reasoned Yes/No

Whether reportable Yes/No

 
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