CRM-M/9145/2026 of SHINGARA SINGH Vs STATE OF PUNJAB on 23 July 2026

REEMA SAINI

and unkonwns persons were illegally staking claim over the aforesaid plot and had taken away tress standing in the plots, besides having damaged the wall. In connivance with other other and officials of the Revenue Department, they got prepared false and fabricated Jamabandis and mutations on the basis of forged documents. Accused, in connivance with each other, with some person impersonating as Rohan Lal since deceased son of Ramji Dass, sold the aforesaid plot of the complainant to accused Ganga Bahadur Bhandari and Gurpiar Singh, vide sale deeds number 2024/2025/128/1/746 dated 16.05.2024. Infact, Roshan Lal (since deceased) was neither owner of the aforesaid plot nor was in possession of the same. The impersonator was identified by Pritam Singh, Nambardar and Jodha Singh, in the fraudulent transfer. Only Jamabandi for the year 2019-2020 was attached as proof of ownership without any reference of sale deed. There were many other flaws in the sale deed. The accused persons got the aforesaid sale deed executed through someone who impersonated Roshan Lal, who was dead before execution of the sale deed.

3. Learned counsel for the petitioner submits that petitioner was in custody for the last 1 year, 3 months and 23 days. He was alleged to have impersonated Roshan Lal and forged power of attorney in favour of Ganga Bahadur Bhandari, who has since been granted regular bail by this Court vide order dated 21.5.2026. Other than that, co-accused Gurpiar Singh, Narinder Singh were allowed regular bail while co-accused Pritam Singh Nambardar and, Jagdeepinder Singh were allowed anticipatory bail. Challan had been presented and the case was at initial stage, as charges were yet to be framed. He thus, prayed that petitioner be released on regular bail.

4. Learned State counsel has filed custody certificate and has opposed the prayer for regular bail on the ground that petitioner was the REEMA SAINI

main accused, who impersonated a dead person and was main perpetrator. Moreover, he was involved in three other cases, out of which he had been convicted in two.

5. Petitioner is alleged to have impersonated a dead person namely Roshan Lal son of Ramji Dass and taking undue advantage of the revenue entries of land in favour of Roshan Lal, to have executed a power of attorney in favour of co-accused on the basis of which sale deeds were executed. Allegations are also that he forged the Aadhar card of Roshan Lal. Although, petitioner is in custody for the last 1 year, 3 months and 23 days and co- accused have been released on bail, he is the main accused and the first link in the chain, therefore, his role is not at par with co-accused, he being the prime perpetrator. He was previously convicted in two cases and appears to be a habitual offender. Personal liberty of an individual, no doubt is valuable, it has to be balanced with interest of the society as also the prosecution. Although ‘bail is the rule’, the case is of exceptional nature. Considering the nature and substance of allegations against the petitioner, the role attributed to him, prima-facie material in support of the charge, the fact that prosecution witnesses are yet to be examined, the nature and gravity of offence and quantum of punishment conviction may entail, it is not a fit case to enlarge the petitioner on regular bail despite the period of incarceration.

6. Dismissed. All the pending miscellaneous applications, if any, stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE 23.07.2026 reema Whether speaking/reasoned : Yes Whether reportable : No REEMA SAINI