Bail In Forged Account Case: Photograph on Fictitious Account Not of the Petitioner: Bail Granted:  Punjab and Haryana High Court

In a significant ruling, the Punjab and Haryana High Court granted anticipatory bail to Karnail Singh in a case involving the creation of fictitious accounts and fraudulent withdrawal of government compensation funds. The decision, pronounced by Justice Harsimran Singh Sethi, revolved around FIR No. 0131 dated 20.03.2022, registered under various sections of the IPC at the Police Station Sohana, District SAS Nagar, Mohali.

In his observation, Justice Sethi noted, “The contention of the petitioner is that the account in the bank with which the petitioner is being related to with the allegations that he has got the said fictitious account opened to usurp the compensation paid by the Government on account of acquiring the land of Naib Singh, photograph of the account holder of the account in question as available with the bank concerned, the same is not of the petitioner has not been rebutted by the State.”

This observation became a pivotal point in the court’s decision to grant anticipatory bail to Singh. The case had seen multiple petitions for anticipatory bail, with previous attempts dismissed on technical grounds. This third petition brought new evidence to the fore, particularly highlighting that the photograph associated with the fictitious account was not that of the petitioner.

The court’s decision also took into consideration the fact that the co-accused, Surmukh Singh, had already been granted bail. Surmukh Singh, in his statement, had conceded to withdrawing the amount from the said account. The State, represented by the DAG, Punjab, acknowledged that Singh’s photograph was not on the fictitious account but maintained allegations of his involvement in the fraudulent activities.

The court directed Singh to join the investigation and cooperate fully, underlining his obligation to adhere to the conditions stipulated under Section 438(2) Cr.P.C. The judgment further stated, “In case at any given point of time hereinafter, it is felt by the Investigating Agency that petitioner is required for investigation, petitioner will join and in case he is not co-operating, State will be at liberty to approach this Court for passing appropriate orders.”

Date of Decision: 20th November 2023 

KARNAIL SINGH VS STATE OF PUNJAB AND ANOTHER