As per case facts, an FIR was registered concerning the fraudulent sale of ancestral land belonging to the complainant's deceased relatives. This involved creating fake documents, impersonation, and availing a ...
CRM-M-64813-2024 and other connected cases 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-64813-2024
Reeta Rani …...Petitioner
Versus
State of Punjab …...Respondents
CRM-M-64814-2024
Parwinder Singh and another …...Petitioners
Versus
State of Punjab …...Respondents
CRM-M-20597-2025
Kamaljit Singh …...Petitioner
Versus
State of Punjab …...Respondents
CRM-M-36542-2025
Jaswinder Kaur …...Petitioner
Versus
State of Punjab …...Respondents
CRM-M-55567-2025
Kirpal Singh @ Garpal Singh …...Petitioner
Versus
State of Punjab …...Respondents
1. Date when Order was reserved 17.11.2025
2. Pronouncement of Order 04.12.2025
3. Date of uploading Order 04.12.2025
CRM-M-64813-2024 and other connected cases 2
4. Whether operative part or full Order is
pronounced
Full
5. Delay, if any, in pronouncing of full
order, and reasons thereof
Not Applicable
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. B.S. Khehar, Advocate for the petitioner(s)
(CRM-M-64813-2024 and CRM-M-64814-2024)
Mr. T.S. Chauhan, Advocate and
Mr. Karanpreet Singh, Advocate
Mr. Som Nath, Advocate
for the petitioner(s)
(in CRM-M-20597-2025).
Mr. Sahilpreet Singh, Advocate for
Mr. Kirpal Singh, Advocate
for the petitioner(in CRM-M-55567-2025)
Ms. Simsi Dhir Malhotra, Advocate
For the petitioner (in CRM-M-36542-2025)
Mr. Neeraj Madaan, Sr. DAG, Punjab.
Mr. M.P.S. Mann, Advocate for the complainant
(in CRM-M-64813-2024).
****
SANJAY VASHISTH, J.
1. By way of this common order, all the above-mentioned
petitions are being decided together as they arise out of the same FIR and
common allegations.
DETAILS OF PETITIONS
Sr. No. Petition No. Petitioner(s) Nature of Petition
1 CRM-M-64813-2024 Reeta Rani Anticipatory Bail
2 CRM-M-64814-2024 Parwinder Singh & Jyoti Anticipator y Bail
(Joint)
3 CRM-M-20597-2025 Kamaljit Singh Anticipatory Bail
4 CRM-M-36542-2025 Jaswinder Kaur Regular Bail
5 CRM-M-55567-2025 Kirpal Singh @ Garpal
Singh
Regular Bail
CRM-M-64813-2024 and other connected cases 3
All the aforesaid petitions arise from FIR No. 179 dated
03.12.2024, registered at Police Station Garhshankar, District Hoshiarpur,
under Sections 419, 420, 465, 467, 468, 471, 120-B IPC (corresponding
to Sections 319(2), 318(4), 336(2), 338(3), 336(3), 340(2) and 61(2)
BNS).
2. FIR was registered at the instance of Chander Shekhar
Mehta son of Sh. Kishan Chand Mehta, who alleged that:-
“ My Taya ji (elder uncle), father and Chacha (younger uncle)
died long ago. Our ancestral land has been sold on 08.07.2024,
and the mutation of which has been got registered by Jaswinder
Kaur wife of Kirpal Singh son Gurmel Singh in her own name
fraudulently, by creating false documents, fake Aadhaar cards
and by presenting forged persons and she has also availed a loan
of Rupees 12 lakh from the Punjab National Bank, Sumundra,
and also by preparing the forged sale deeds of other ancestral
land, the mutations have been got registered. Hence, this entire
matter the subject of investigation and the details of the evidence
in this regard are as follows. 1. Shri Brahm Saran Mehta is the
elder brother of my father, and by preparing his fake Aadhaar
card, the fake Aadhaar number 5418 0079 9993
has been used, while he died on 19.01.2006 in Delhi, who was
Class one gazetted officer of the Ministry of Defence.
2. Shri Shiv Saran Mehta the elder brother of my father, after
preparing his fake Aadhar card, forged Aadhar No. 5528 4631
6477 has been used, while he died in Delhi on 29.05.1996, who
was Civil Surgeon doctor.
3. Shri Krishan Chand Mehta, my father, after preparing his
fake Aadhar Card, the forged Adhaar No. 8429 6200 5247 has
been used, he died on 13.09.2008 at Garhshankar, and he was
top class Turbine mechanic.
CRM-M-64813-2024 and other connected cases 4
4. Shri Parhlad Narain Mehta, the younger brother of my
father, after preparing his fake Aadhar Card, the forged Adhaar
No. 6502 8142 3301 has been used, whereas, he died in Delhi on
15.11.2020, who was Income Tax Officer.
5. Shri Satgur Nath Mehta was the son of the brother of my
grandfather,after preparing his forged Aadhar Card, the fake
Adhaar Card No. 6502 8142 3301 has been used, while he died
at Nawanshahr on 30
th
March 1990. His death certificate is also
available. By presenting fake persons in place of these original
persons the sale deed was got prepared by taking their thumb
impressions, whereas all these persons were educated persons
and now they do not exist in this world.
On 08.07.2024, the sale deed of 12 kanals 18 Marlas land was
registered in favour of Jaswinder Kaur wife of Kirpal Singh
(Mobile No. 98789;37761 Aadhar No.5430 7785 4242) resident
of Chak Hajipur, Tehsil Garhshankar vide Deed No. 2024;
25/166/1/821 Day Monday time 03:23:55 PM by the Tehsildar
Lakhwinder Singh, Registry Clerk;Gurminder Singh, which was
prepared the Deed Writer Sajan Kumar Advocate Garhshankar
vide Registered No.324 on 01.07.2024 and Surjit Singh who is
Numberdar of Garhshankar and by making the forged person as
first witness in an illegal manner attested the same, and Kuldeep
Singh son of Baljit Singh resident of village Lohta, Tehsil
Balachaur (Aadhar No.6550 4470 2499), on becoming the
second witness testified the same, It is requested that a lot of
owners of Mehta dynasty of village PanamHadbast No.149 who
have already died, but by presenting fake persons, Kirpal Singh
son of Gurmail Singh, resident of village Chak Hajipur Tehsil
Garhshankar has got other registries in the name
of his wife of Jaswinder Kaur and one registry has been done in
the name of Reeta Rani wife of Devinderpal son of Mool Raj
resident of Roopnagar, which is the subject of serious
investigation. Deed No.2024;25/166/1/723, Dated 27.06.24 in
favour of Jaswinder Kaur wife of Kirpal Singh regarding land
CRM-M-64813-2024 and other connected cases 5
situated in village Panam (which was got registered in the name
of his wife by presenting himself as her fake General Power of
Attorney), Deed No. 2024;25/166/1/733, Dated 01.07.2024 in
favour of Jaswinder Kaur wife of Kirpal Singh regarding land
situated in village Panam. Deed No.2024;25/166/1/856 Dated
15.07.2024 in favour of Reeta, Rani wife of Davinder
Pal son of Mool Raj residents of Roopnagar. The consent
regarding cultivation of our land has been given since long to
our respectable Joginder Singh Kang son of Diwan Singh village
Chak Hajipur, who is cultivator as shareholder in it. Hence, I
request that our elders are no more in this world, had they been
alive then their age would have been more than 100 years. It is
not possible for them to come and execute any such kind of
registries. Shri Ram Rakha son of Shri Sukhdayal fake Aadhar
No.3825 1823 9498 was the brother of my grandfather Shri
Tarlok Chand Mehta, who has died long ago, who was 70 years
old at that time. This whole matter is subject of impartial and
serious investigation. With this a big scam would be unfolded.
The persons of preparing forged Aadhar cards and their
supporters have already entered for tarnishing in the internal
security of India. It is very important to look at this serious
matter and find out the accused. You are requested to take
immediate appropriate legal action against the persons involved
in preparing the fake documents, using the forged documents,
attesting the fake documents, writers of fake sale deeds, sellers,
purchasers and persons playing fraud with the banks on the basis
of forged documents, and all persons supporting them directly or
directedly. Applicant, Chander Shekhar, Chander Shekhar Mehta
son of Shri Kishan Chand Mehta, Deep Colony, Garhshankar
Mobile No. 79868;80380 dated 13.09.2024”
3. From reading of the FIR, it transpires that elders of the
complainant, namely his father, taya and chacha, had expired long ago,
and the ancestral land existing in their names was fraudulently got
CRM-M-64813-2024 and other connected cases 6
registered and thereafter mutated in the name of Jaswinder Kaur w/o
Kirpal Singh by playing fraud and creating false documents, including
Aadhaar cards and other papers, by impersonating the actual owners. It is
further alleged that she also succeeded in availing a loan of ₹12 lakhs
from Punjab National Bank on the basis of these forged documents.
4. It is further explained that several close relatives of the
complainant have passed away. Complainant’s Taya Ji, Shri Brahm Saran
Mehta, who was serving as a Gazetted Officer in the Defence Ministry,
expired on 19.01.2006 in Delhi. Another Taya, Shri Shiv Saran Mehta,
who was a Civil Surgeon, expired on 29.05.1996. Complainant’s father,
Shri Krishan Chand Mehta, a Turbine Mechanic, expired on 13.09.2008.
Shri Parhlad Narayan Mehta, the complainant’s Chacha and an Income
Tax Officer, expired on 15.11.2020. Additionally, Shri Satgur Nath
Mehta, son of the brother of the complainant’s grandfather, died
30.03.1990.
5. Therefore, in the FIR it is alleged that all the disputed sale
deeds dated 08.07.2024 pertaining to land measuring 12 Kanal 18 Marla
in favour of accused-Jaswinder Kaur w/o Kirpal Singh were registered in
connivance with other accused, namely Tehsildar Lakhwinder Singh,
Registry Clerk Gurwinder Singh, Deed Writer Sajan Kumar (Advocate),
and Surjit Singh Numberdar of Village Garhshankar, who all acted as if
they are original holders to the posts, appeared as the first witness in the
illegal sale. Similarly, accused Kuldeep Singh became the second
attesting witness.
CRM-M-64813-2024 and other connected cases 7
6. It is further alleged that accused-Kirpal Singh got the
registries executed in the name of his wife Jaswinder Kaur and in the
name of accused Reeta Rani in respect of land situated in Village Panam,
wherein Kirpal Singh presented himself as a fake GPA-holder for
executing sale deeds dated 27.06.2024, 01.07.2024, and 15.07.2024. FIR
also clarifies that other ancestors, such as Shri Ram Rakha (brother of the
complainant’s grandfather), had died around 70 years ago, and that, had
the ancestors been alive today, they would have been more than 100 years
of age. Thus, an impartial and serious investigation was requested by the
complainant in the FIR.
7. In CRM-M-64813-2024 (Reeta Rani’s case), it was
explained that the case was registered against:
(i) Kirpal Singh, (ii) Jaswinder Kaur, (iii) Reeta Rani, (iv) Surjit Singh,
(v) Gurdeep Singh, (vi) Jyoti Verma, (vii) Kuldeep Singh, (viii)
Parwinder, and (ix) Rajesh Kumar, Advocate.
8. In the status report dated 26.10.2025 in CRM-M-64813-
2024 (Reeta Rani’s case), role of each accused was described as under:
i)Kirpal Singh got executed a General Power of Attorney dated
21.06.2024 in his own favour by impersonating the owners Janaki Lal,
Bihari Lal and Batali Ram, sons of Prabhdyal, whereas they had already
expired long ago. Kirpal Singh thereafter executed a sale deed of land
measuring 7 Kanal 6 Marla in the name of his wife Jaswinder Kaur on
27.06.2024.
CRM-M-64813-2024 and other connected cases 8
As per the disclosure statement of accused Kirpal Singh, for the purpose
of executing the forged GPA dated 21.06.2024 and the sale deed dated
27.06.2024, his co-accused Jyoti Verma, Sandeep Kumar, and one peon
namely Kamaljit Singh, in the Revenue Department, prepared fabricated
Aadhaar cards and arranged fake persons required for impersonation of
the actual owners.
During investigation, it also transpired that accused Kirpal Singh
had projected himself in the GPA dated 24.06.2024 as “Gurpal Singh” on
his Aadhaar card, thereby attempting to mislead the investigating agency
by using two different names (Kirpal Singh and Gurpal Singh).
ii)With respect to accused-Jaswinder Kaur, the status report states
that she was arrested on 02.04.2025. She got executed a sale deed dated
01.07.2024 of land measuring 4 Kanal 2 Marla by impersonating the real
owners, namely Dilbagh, Satgur Nath, and Hari Krishan, sons of Matta
Dutt r/o Village Panam, who had already died.
Another sale deed dated 08.07.2024 of land measuring 12 Kanal 18
Marla was also executed by Jaswinder Kaur by impersonating the already
deceased real owners, namely Ram Rakha, Ram Lal, Gurbax Rai, Beant
Rai, Shiv Charan, Kishan Chand and Parhlad Narayan r/o Village Panam.
Accused-Reeta Rani (mother of co-accused Jyoti Verma) also executed a
sale deed dated 15.07.2024 of land measuring 11 Karnal 14 Marla by
impersonating the real owners who had already died, namely Malavi
Devi, Devki Rani, Davinder Pal, Mohan Kumari, Sudharshan Kumari,
CRM-M-64813-2024 and other connected cases 9
Bihari Lal, Batli Ram, Janaki Lal, Dina Nath, Vidyasagar, and Satgur
Nath r/o Village Panam.
iii) During investigation, co-accused Surjit Singh (Lambardar)
and Gurdip Singh were found to have witnessed the GPA executed in
favour of Kirpal Singh. Surjit Singh (Lambardar), Kuldeep Singh,
Parwinder Singh and Advocate Rajesh Kumar are the witnesses to the
sale deeds executed by accused Reeta Rani and Jaswinder Kaur.
iv) When the anticipatory bail petition of Reeta Rani was
pending before this Court, it was noticed that the investigating officer had
not even arrested the main accused Kirpal Singh and Jaswinder Kaur.
Accordingly, both of them were arrested on 02.04.2025 at the
intervention of this Court
9. From the above explanation, it becomes clear that the prime
role, if any, in the commission of the offences in question was initiated at
the instance of accused namely, Kirpal Singh, his wife Jaswinder Kaur,
and Reeta Rani, who ultimately derived rights in the land due to the
execution of the questioned sale deeds.
10. During the pendency of the anticipatory bail petitions—i.e.,
that of Reeta Rani (CRM-M-64813-2024) and that of Parwinder Singh
and Jyoti (CRM-M-64814-2024)—by recording the contentions of these
three petitioners, interim anticipatory bail was granted to accused
Parwinder Singh and Jyoti vide order dated 20.12.2024, which reads as
under:
CRM-M-64813-2024 and other connected cases 10
“ The petitioners seek grant of anticipatory bail in respect of
a case registered vide FIR No.179, dated 3.12.2024 at Police
Station Garhshankar, District Hoshiarpur, under Sections 319(2),
318(4), 336(2), 338, 336(3), 340(2), 61(2) of Bharatiya Nyaya
Sanhita, 2023 (BNS) (under Sections 419, 420, 465, 467, 468,
471, 120;B of Indian Penal Code).
The FIR in question was lodged at the instance of
Chander Shekhar Mehta, wherein it is alleged that his father, his
‘Taya Ji’ (elder uncle) and ‘chacha’ (younger uncle) had died
long ago. It is alleged that their ancestral land has been sold to
various persons on the basis of forged documents including
Power of Attorney/ forged Aadhar Card etc. and mutation had
also been got sanctioned in favour of Jaswinder Kaur wife of
Kripal Singh. It is alleged that while Shri Brahm Saran Mehta
(complainant’s uncle) had expired on 19.1.2006 in Delhi;
another of complainant’s uncle namely Shri Shiv Saran Mehta
had expired on 29.5.1996; complainant’s father Shri Krishan
Chand Mehta had expired on 13.9.2008 and another of
complainant’s uncle Shri Parhlad Narain Mehta had expired on
15.11.2020, whereas the sale deeds had been executed much after
their death by way of impersonation or on the basis of some
forged Power of Attorney, whereas any such Power of Attorney
would lose its sanctity upon death of the executors. It is further
alleged therein that Tehsildar Lakhwinder Singh, Registry Clerk
Gurminder Singh, Deed Writer Sachin Kumar, Advocate, Surjit
Singh Nambardar had all connived for the purpose of said fraud
and that the sale deeds had been witnessed by Kuldeep Singh.
Learned counsel for the petitioner(s) submitted that the
petitioners have falsely been implicated in the present case and
that petitioner – Reeta Rani had purchased the land on the basis
of sale deeds, which were duly registered in the office of Revenue
Department and that in case there was any defect in the title or
the seller had impersonated or had committed any fraud, she was
not aware of the same and that she had purchased the property
CRM-M-64813-2024 and other connected cases 11
by making payments and, as such, deserves to be given the
benefit of doubt being a bona fide purchaser. It has also been
submitted that as a matter of fact the land purchased by
petitioner ; Reeta Rani is a different piece of land and is not part
of the ancestral property of the complainant and that her vendors
are entirely different and there is nothing wrong in the sale deed
executed in her favour.
Learned counsel while pressing upon the petition filed on
behalf of petitioners – Parwinder Singh and Jyoti submitted that
admittedly none of them is a beneficiary of the alleged fraudulent
sale deeds and that they have been nominated as accused on the
premises that they had signed as witnesses on the sale deeds. It
has been submitted that merely witnessing a sale deed is not
sufficient to attribute any fraudulent intention on the part of the
petitioners and, as such, they deserve to be released on
anticipatory bail.
Notice of motion for 14.01.2025.
Meanwhile, in the event of arrest, petitioners – Parwinder
Singh and Jyoti be released on interim bail subject to his
furnishing personal bonds and surety bonds to the satisfaction of
Arresting/Investigating Officer. However, petitioners – Parwinder
Singh and Jyoti shall join the investigation as and when called
upon to do so and cooperate with the Investigating Officer and
shall also abide by the conditions as provided under Section 482
BNSS.
Petitioner – Reeta Rani shall furnish detailed information
as regards her vendors and also as regards her source of income
on the next date of hearing.
A copy of this order be placed on the file of connected
case
.”
Thereafter, said interim order was continued during all subsequent
proceedings.
CRM-M-64813-2024 and other connected cases 12
11.On 21.03.2025, in the case of petitioner-accused Reeta Rani
(CRM-M-64813-2024), although she was not directed to join the
investigation, her arrest was stayed. Order reads as under:
“1. During the course of the hearing, it was understood from
the respective counsels that the main accused, namely, Kirpal
Singh, husband of Jaswinder Kaur, executed a fraudulent power
of attorney in his own favour on 24.06.2024. In this power of
attorney, one Jyoti was a witness, who in fact, is the daughter of
one of the accused, Reeta Rani (thepetitioner herein).
Subsequently, as a power of attorney holder of originalowners,
Kirpal Singh executed two sale deeds, transferring the land in the
name of his own wife namely Jaswinder Kaur, i.e. sale deeds
dated 08.07.2024 (for 12 kanal 18 marlas) and 27.06.2024 (for 7
kanal 6 marlas)
2. Similarly, another sale deed was executed in favour of the
accused, namely, Reeta Rani (petitioner herein), for 11 Kanal 14
Marlas, dated 15.07.2024. This sale deed was executed by
projecting, as if, the actual owners have sold it in favour of Reeta
Rani.
Notably, the mobile number 98789;37761 as mentioned in
the sale deed, is the same number which is there in the sale deeds
executed in favour of Jaswinder Kaur, also. However, learned
counsel for the complainant, the learned State counsel, or the
Investigating Officer present in court, are not in a position to
explain, as to whom this mobile number actually belongs.
3. It has also been brought to the Court's attention that, till
date, neither Jaswinder Kaur nor Kirpal Singh, who prima facie
seems to be the actual conspirators, and also never have been
granted bail, nor any substantive action has been taken by the
Investigating Agency to arrest them. Court wishes to know and
understand the reason behind this.
4. List again on 01.04.2025.
CRM-M-64813-2024 and other connected cases 13
However, it is made clear that if the necessary legal steps
are not taken before the next date of hearing, the concerned
Senior Superintendent of Police would ensure his presence before
this Court on the next date of hearing, to clarify the facts.
5. In the meanwhile, petitioner ; Reeta Rani shall not be
arrested. However, question of joining of the investigation by the
petitioner, would be examined on the next date of hearing.
6. Interim order dated 20.12.2024, passed in CRM;M;
64814;2024, would also continue till the next date of hearing.
7. Let copy of this order be sent to the concerned SSP for
necessary action.”
12. Vide order dated 04.04.2025 passed in CRM-M-64813-
2024, CRM-M-64814-2024 and CRM-M-13686-2025, it was clarified
that if accused Reeta Rani, Parwinder Singh, and Jyoti are required to
join the investigation, they shall be served with prior notice, and any
violation of this direction would be dealt with seriously.
Submissions on Behalf of Petitioners
Submission on Behalf of Petitioner Reeta Rani (CRM-M-
64813-2024)
13. Mr. B.S. Khehar, learned counsel representing petitioner
Reeta Rani, submitted that the petitioner-Reeta Rani purchased the land
vide sale deed dated 15.07.2024 (P-3), measuring 11 Kanal 14 Marla 04
sarsahi, from its owners Malvi Devi Rani, Davinder Pal, Mohan Kumari,
Sudarshana Kumari, Bihari Lal, Batali Ram, Janki Lal, Dina Nath, Viday
Sagar, and Satguru Nath. However, the said land is not the same as that
detailed in the FIR; therefore, being a different property, the petitioner
cannot be termed an accused in relation to the allegations concerning the
CRM-M-64813-2024 and other connected cases 14
land mentioned in the FIR. Counsel further submitted that the sale
consideration of about Rs.28,48,000 was duly paid after making the
necessary arrangements, as evidenced by the notarized affidavit dated
11.01.2025 executed by Amrik Singh and Joga Singh. It was further
argued that although, her arrest was stayed by this Court but the
statement by the State counsel, alleging non-cooperation by the petitioner
underscores her willingness to join the investigation, whereas she is
always ready to do so.
Learned counsel broadly argued that whether the petitioner’s
purchase of the land constitutes a fraudulent transaction, is an issue
which would be examined by the trial court on the basis of evidence, yet
to be adduced before it.
14. With regard to the remaining two accused, namely
Parwinder Singh and Jyoti, Mr. B.S. Khehar submitted that they are not
direct beneficiaries of the alleged fraudulent transaction. Being merely
witnesses to the sale deed, they are not required to undergo custodial
interrogation. Any allegation against them is to be established through
documentary evidence, and both the petitioners are always ready and
willing to continue to cooperate during the investigation, whenever it is
required. It was further pointed out that, in view of the interim order
dated 20.12.2024, both Parwinder Singh and Jyoti have already been
participated in the investigation.
Additionally, learned counsel argued that the sale deed
executed in favour of Reeta Rani, which was witnessed by her co-
CRM-M-64813-2024 and other connected cases 15
accused Parwinder Singh and Jyoti, has since been cancelled, and the
land has also been restored back in the names of the previous owners, no
purpose would be achieved with the custodial interrogation of any of the
petitioners.
Accordingly, counsel prayed for grant of the anticipatory
bail to all the three petitioners namely Reeta Rani (in CRM-M-64813-
2024), Parwinder Singh and Jyoti (in CRM-M-64814-2024).
Submission on Behalf of Petitioner Kamaljit Singh (CRM-M-20597-
2025)
15. Mr. T.S. Chauhan, learned counsel representing petitioner
Kamaljit Singh, submitted that the petitioner is employed as a Class-IV
peon in the Tehsil Office, Garshankar, for approximately 20 years and
was never found involved in any other similar activity in the past. His
duty was limited i.e. to serve notices, in compliance with the order dated
06.09.2024, in connection with which he submitted his report. As per the
record, no fault has been found in his functioning, except for the bald
allegations mentioned in the reply/status report. Learned counsel
emphasized that the petitioner cannot be considered a beneficiary in any
manner of the alleged fraud committed by the other co-accused.
Therefore, there is no gain attributed to him, and he should not be
subjected to custodial interrogation. However, petitioner Kamaljit Singh
has expressed his willingness to join the investigation if permitted, while
protecting him from arrest.
CRM-M-64813-2024 and other connected cases 16
Submission on Behalf of Petitioner Kirpal Singh @ Garpal Singh
(CRM-M-55567-2025)
16. Learned counsel representing petitioner Kirpal Singh @
Garpal Singh, aged 59 years, submitted that the case against the
petitioner is false. The land in question was sold to his wife, Jaswinder
Kaur, through a bank loan of Rs.12 lakhs. Had there been any motive to
commit fraud for unlawful monetary gain or to grab land, there would
have been no reason to borrow a bank loan. Any fake witnesses, if
produced, were not at the petitioner’s instance, but rather at the instance
of other accused. It was further submitted that the witnesses were duly
identified by the Lambardar and the attesting witness Kuldeep Singh;
therefore, the petitioner could not have knowledge of the death of the
original owners, as alleged in the FIR. Learned counsel further argued
that the charges primarily depend on documentary evidence, and
custodial interrogation would not serve any meaningful purpose.
Moreover, the petitioner has been in custody for more than seven months
and fifteen days, and nothing further remains to be recovered from him.
Considering that the trial is likely to take considerable time, learned
counsel prayed for the grant of regular bail.
Submission on Behalf of Petitioner Jaswinder Kaur w/o Kirpal Singh
@ Garpal Singh (CRM-M-36542-2025)
17. Ms. Simsi Dhir Malhtora, learned counsel representing
petitioner Jaswinder Kaur, submitted arguments in the same terms as
those addressed on behalf of petitioner-Kirpal Singh. It is further
CRM-M-64813-2024 and other connected cases 17
submitted that, to protect her rights in the purchased land, the petitioner
has filed Civil Suit No. CS-614/2024 on 08.01.2024, seeking a decree of
declaration and permanent injunction. Until the said civil suit is decided,
no definitive conclusion can be drawn regarding the allegations of
fraudulent purchase of the land in question. Learned counsel further
submitted that petitioner Jaswinder Kaur may succeed in the civil suit on
the plea of being a bona fide purchaser even if fraud is proved, as the
property was purchased through a bank loan of Rs.12 lakhs from Punjab
National Bank. It is also submitted that the petitioner has been in custody
since 02.04.2025, and any further incarceration would serve no
meaningful purpose, as nothing more is to be recovered from her.
Learned counsel prayed for the release of petitioner Jaswinder Kaur on
regular bail by allowing the petition.
Arguments of Learned State Counsel
18. Learned State counsel, while opposing the prayer for bail on
behalf of the respective petitioners, submitted that the role of each of the
accused has been clearly delineated in the reply/status report filed by the
State. Primary contention raised by learned State counsel is that during
the investigation, it was found that at the time of registration of all the
aforesaid sale deeds, as well as the preparation of the power of attorney
by accused Kirpal Singh, only a single mobile number, i.e., 9878937761,
was used, which is registered in the name of Rajwinder Kaur, daughter of
Kirpal Singh.
CRM-M-64813-2024 and other connected cases 18
Mr. Neeraj Madaan, Senior Deputy Advocate General,
Punjab, submitted that the involvement of accused Kirpal Singh and his
family members, including Jaswinder Kaur and Reeta Rani, appears to be
evident. The fact that the same mobile number was mentioned in the
execution of multiple documents indicates a premeditated act allegedly
committed in collusion among them.
Learned State counsel further contended that custodial
interrogation of accused Reeta Rani is necessary to ascertain the actual
truth, as she succeeded in acquiring rights over a substantial portion of
land measuring 11 Kanal and 14 Marla vide sale deed dated 15.07.2024.
Court Observation
19. I have carefully considered the submissions addressed by the
respective counsel before this Court. I have also perused the pleadings,
reply/status report, and the notes submitted during the course of
arguments.
20. There can be any dispute that all the offences involved in the
present case are triable by the Court of learned Magistrate. Apparently,
the prime accused in this matter are Kirpal Singh and Jaswinder Kaur,
who, according to the FIR, first caused a General Power of Attorney to be
prepared in Kirpal Singh’s name through impersonation by fictitious
persons, and subsequently executed sale deeds in favour of Jaswinder
Kaur. Both of them were arrested on 02.04.2025 and have since been in
custody, having undergone investigation and interrogation by the
CRM-M-64813-2024 and other connected cases 19
Investigating Agency for a period of approximately seven months and
twenty days. At this stage, there is no justification for subjecting them to
further custodial interrogation for the purpose of effecting any recovery,
particularly as the trial is not likely to conclude in the near future and
may take considerable time.
21. As regards petitioner Reeta Rani (CRM-M-64813-2024),
although she had temporarily acquired rights in the property, Mr. B.S.
Khehar, Advocate, has pointed out that the sale deeds in her favour have
already been cancelled by the office of the Sub Divisional Magistrate
vide order dated 23.09.2024. Learned State counsel could not explain as
to how custodial interrogation of the accused would materially assist the
prosecution, particularly when the allegations primarily require
verification through documentary evidence. Records regarding Aadhaar
cards, registered sale deeds, mutations, and Jamabandis, among others,
are expected to be available in the concerned public offices.
Earlier arrest of petitioner Reeta Rani had been stayed; and
vide order dated 01.04.2025, an opportunity was specifically provided to
the State to summon her for investigation by serving proper notice. The
relevant portion of the order reads as follows:
"5. It is also clarified that in case the accused named
Reeta Rani, Parwinder Singh, and Jyoti are required to join
the investigation, they should be served notice in advance,
and any violation in that regard would be viewed seriously
for taking strict action against the Chief of Police in the
District."
CRM-M-64813-2024 and other connected cases 20
Accordingly, State continues to have the opportunity to
examine the petitioner in connection with the investigation. It is also
well-settled that custodial interrogation cannot be considered the sole
method for conducting an investigation unless substantiated with specific
reasons.
22. As far as petitioners Parwinder Singh and Jyoti (CRM-M-
64814-2024) are concerned, this Court had already granted them the
opportunity to join the investigation vide order dated 20.12.2024.
Learned counsel for the petitioners has submitted that both have
complied with this direction and have actively participated in the
investigation.
23. Regarding petitioner-Kamaljit Singh, he does not appear to
be a direct beneficiary of the alleged fraud, still involvement is to be
proved. Therefore, there appears to be no such necessity to subject him to
custodial interrogation in the absence of any sound reason.
24. In the totality of circumstances, considering the role of each
accused, all the aforementioned petitions are allowed in the following
terms:
i) CRM-M-55567-2025 – Kirpal Singh @ Garpal Singh
ii) CRM-M-36542-2025 – Jaswinder Kaur
Petitioners Kirpal Singh @ Garpal Singh and Jaswinder
Kaur are ordered to be released on regular bail, subject to their
furnishing the requisite bail/surety bonds to the satisfaction of the learned
CRM-M-64813-2024 and other connected cases 21
Trial Court/Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate
concerned, provided they are not required in any other case.
iii)CRM-M-64813-2024 – Reeta Rani
iv)CRM-M-20597-2025 – Kamaljit Singh
Petitioners Reeta Rani and Kamaljit Singh, were protected
from arrest vide orders dated 21.03.2025 and 21.04.2025,passed by this
Court, which is continuing till date. They are directed to join the
investigation within three weeks from today, or as and when required by
the Investigating Agency upon issuance of a valid notice by the
Investigating Officer. In case they fail to do so, the concession of bail
shall be deemed to have become inoperative.
Upon joining the investigation and in case of their arrest,
they shall be released on bail, subject to furnishing bail bonds to the
satisfaction of the Arresting Officer. Further they shall also comply with
all conditions laid down under Section 482(2) of BNSS, 2023.
However, present order would be subject to the submission
of their passport to the Investigating Agency or to Court concerned, if
they possess, within a period of one week from today. Otherwise, they
would submit an affidavit, disclosing the fact that they do not possess any
passport.
It is clarified that in case, aforesaid condition is not
complied with, this order would be considered as non est automatically.
v) CRM-M-64814-2025 – Parwinder Singh and Jyoti
CRM-M-64813-2024 and other connected cases 22
In this petition, interim order dated 20.12.2024 is made
absolute. However, petitioners Parwinder Singh and Jyoti shall continue
to join the investigation as and when required and shall strictly comply
with the conditions envisaged under Section 482(2) of the BNSS, 2023.
However, present order would be subject to the submission
of their passport to the Investigating Agency or to Court concerned, if
they possess, within a period of one week from today. Otherwise, they
would submit an affidavit, disclosing the fact that they do not possess any
passport.
It is clarified that in case, aforesaid condition is not
complied with, this order would be considered as non operative
automatically.
Accordingly, all petitions stand disposed of.
A photocopy of this order be placed on the files of other
connected cases.
04.12.2025
Rashmi
(SANJAY VASHISTH)
JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
Legal Notes
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