Gurmail Singh vs State of Punjab

Manisha Batra, J. (Oral).

The instant petition has been filed by the petitioner seeking benefit of anticipatory bail in case arising out of FIR No.53, dated 15.05.2026, registered under Sections 316(2), 318(4) of the BNS, at Police Station Sadar Morinda, District Rupnagar.

The aforementioned FIR was registered on the basis of a written complaint submitted by complainant – Malkit Kaur, alleging therein that she had purchased 01 kanal 07 marlas of land situated at village Gopalpur, Tehsil Morinda, District Rupnagar on the basis of a registered sale deed dated 25.01.2022 from the petitioner. The entire sale consideration amount had been paid and possession of the purchased land had been given to her. Now she had come to know that the same land had already been sold by the petitioner to one Charanjit Kaur vide a registered sale deed dated 28.07.2020. The mutation of the said land had not been got sanctioned in the name of Charanjit Kaur and taking benefit of that fact and by making dishonest concealment, the petitioner had sold the same land to her, thereby cheating her. As such, she prayed for taking action in the matter.

After registration of the FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which was dismissed by the Court of learned Additional Sessions Judge, Rupnagar vide order dated 26.06.2026.

It is relevant to mention here that vide order dated 07.08.2026, the matter had been ordered to be sent to Mediation and Conciliation Centre of this Court on joint request of learned counsel for the petitioner as well as the complainant. Now as per the report received from the Mediation and Conciliation centre, the parties have settled their dispute. A written settlement/agreement has also been executed between them. Today a demand draft of an amount of Rs.75,000/- has been given by the petitioner to the complainant, who has appeared in person in Court today and has been identified by her counsel. Learned counsel for the complainant has submitted that she has no objection if the petition is allowed.

Taking into consideration the fact that the dispute between the parties is of personal nature and the same has since been settled amicably and the circumstances peculiar to the case, this Court is of the opinion that custodial interrogation of the petitioner is not required. It is well settled proposition of law that pre-trial incarceration should not be a replica of post conviction sentencing. As such, a case is made out for grant of pre-arrest bail to the petitioner. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to the condition that the petitioner shall surrender before the Investigating Officer/Arresting Officer within a period of 15 days from today and shall join the investigation. He shall also join investigation as and when required subsequently. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on interim bail on furnishing personal/surety bonds to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNS.

It is, however, clarified that nothing stated above shall have any bearing on merits of the case.

Pending application(s), if any, shall also stands disposed of.