Punjab and Haryana High Court Grants Bail with Stringent Conditions in Cheating Case
Date: 11th May 2023
In a significant development, the Punjab and Haryana High Court, presided over by Justice Anoop Chitkara, granted bail to the petitioner, Salwinder Singh, in a high-profile cheating case. The court’s decision came with a set of stringent conditions aimed at ensuring the integrity of the investigation and preventing any potential tampering with evidence.
The case, registered under FIR No. 55 at Goindwal Sahib Police Station in Tarn Taran district, involved allegations of cheating amounting to Rs. 33,00,000/- and violations of various sections, including 420, 406, 370, 120B IPC, and Section 13 of the Punjab Prevention of Human Smuggling Act 2012.
During the hearing, Mr. B.S. Bhalla, Advocate for the petitioner, argued for bail, emphasizing that the petitioner had no criminal antecedents and highlighting that custodial investigation would serve no purpose while causing irreparable harm to the petitioner and his family. On the other hand, Mr. H.S. Sitta, the Deputy Advocate General of Punjab, opposed the bail plea.
Justice Anoop Chitkara, in his reasoned judgment, considered the gravity of the allegations, the petitioner’s criminal background, and the need to provide an opportunity for course-correction. The court referred to several legal precedents, including the Supreme Court’s decision in Gurbaksh Singh Sibbia v State of Punjab, emphasizing that bail should be granted unless there are compelling reasons to deny it.
The court acknowledged the possibility of the accused influencing the investigation, tampering with evidence, or absconding. To address these concerns, the court imposed elaborate and stringent conditions as part of the bail order. These conditions included the furnishing of a personal bond of Rs. 10,000/- and a surety bond of Rs. 25,000/- or a fixed deposit of Rs. 10,000/-, among others. The petitioner was also directed to cooperate with the investigation and refrain from influencing witnesses or tampering with evidence.
Furthermore, the court emphasized the petitioner’s duty to disclose complete details of financial assets and accounts within fifteen days, failure of which could lead to cancellation of bail. The court also highlighted the flexibility for the petitioner to choose between surety bonds and fixed deposits, subject to approval by the concerned authorities.
The judgment further stated that the bail conditions must be proportional to their purpose and should not result in the deprivation of rights and liberties. The court also mentioned that any modification or reduction of bail conditions could be sought through a reasoned application.
The judgment concluded by noting that the order did not restrict the police or the investigating agency from continuing their investigation as per the law. It further directed the concerned authorities to communicate the bail order to the complainant and the victim, urging them to report any violation.
This ruling by the Punjab and Haryana High Court highlights the importance of balancing personal freedom with the necessity of a fair trial, while also ensuring the integrity of the investigation process.
Decided on: 11.05.2023
Salwinder SinghS vs tate of Punjab
