Punjab-Haryana High Court
Mohinder Kaur vs State Of Punjab on 26 May, 2016
Author: Jaswant Singh
Bench: Jaswant Singh
204
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No.1831 of 2016 (O&M)
Date of Decision: 26.05.2016
Mohinder Kaur
.......... Petitioner
Vs.
State of Punjab
.......... Respondent
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Amitoj Singh Dhaliwal, Advocate for the petitioner.
Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab
for the respondent/State assisted by ASI Kulbir Singh.
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JASWANT SINGH, J. (Oral)
Prayer is for grant of anticipatory bail on behalf of the petitioner- accused Mohinder Kaur/one of the vendees of the sale deeds, in case FIR No.13 dated 09.04.2015, under Sections 419, 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, registered with Police Station NRI, Moga.
Complainant-Harinder Singh Sandhu, NRI residing in USA along with his two brothers had inherited mortgagee rights of 13 kanal and 15 marlas from his maternal side situated in village Rajeans, Tehsil Baghapurana, District Moga. The land was concededly owned by the mortgagor-Smt. Gangi, who is stated to have died 50 years back.
The allegations in the FIR are that one Nirmal Singh, in connivance with co-accused Dalip Kaur, who impersonated as Gangi, fraudulently got the land transferred in the name of his wife-Rachhpal Kaur and other relatives vide four different sale deeds. The petitioner is one of the vendees of the sale deeds.
It is contended that even in the sale deeds, there is a condition regarding redemption of the mortgage to be got done. It is further contended that the petitioner is 70 years old lady and has joined the investigation and cooperated with the same.
1 of 2 ::: Downloaded on - 27-05-2016 00:27:44 ::: CRM-M No.1831 of 2016 (O&M) -2- Learned State Counsel, assisted by ASI Kulbir Singh, submits that the petitioner has joined the investigation and filed an affidavit that the original of the sale deed executed in her favour is in the custody of co-accused Nirmal Singh, who has been declared proclaimed offender. Apart from the same, her custodial interrogation is not required.
In view of the above, interim protection/pre-arrest bail granted by this Court, vide order dated 01.04.2016, is made absolute.
Disposed of.
May 26, 2016 (JASWANT SINGH)
Gagan JUDGE
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