Punjab-Haryana High Court
Major Singh Maan vs State Of Punjab on 8 October, 2013
Author: Inderjit Singh
Bench: Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-28082 of 2013
Date of decision: 08.10.2013
Major Singh Maan
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Malkiat Singh, Advocate,
for the petitioner.
Ms. Harsimrat Rai, Deputy Advocate General,
Punjab, for the respondent-State.
****
INDERJIT SINGH, J.
Petitioner Major Singh Maan has preferred the instant petition under Section 438 Cr.P.C., seeking anticipatory bail in case FIR No.11 dated 11.01.2013, registered at Police Station Phase-I, Mohali, under Sections 406, 420, 465, 467, 468, 471, 379 and 120-B IPC.
Learned counsel for the petitioner contended that the petitioner has already joined the investigation. The case is based on documentary evidence. Civil suit between the parties is already pending since 2010 and the present FIR regarding forgery of Will has been lodged in 2013.
On the other hand, learned State counsel opposed the bail application.
I have heard learned counsel for the petitioner and learned State counsel and have gone through the record. Malhotra Mamta 2013.10.08 14:55 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-28082 of 2013 -2-
From the record, I find that civil suit on the basis of Will is pending since 2010 in which the Civil Court has already passed the order of status quo. The FIR has been got registered by the complainant by levelling allegations regarding forgery of Will. At this stage, there is no finding of the Civil Court regarding forgery of Will. Otherwise also, the case is based on documentary evidence and the petitioner is not required for custodial interrogation. He has already joined the investigation. Nothing is to be recovered from him.
Therefore, keeping in view the facts and circumstances of the present case and without discussing the merits of the case in minute details and without expressing any opinion on the merit of the case, the present petition is accepted and the order dated 30.08.2013, passed by this Court, granting interim bail to the petitioner, is made absolute.
08.10.2013 (INDERJIT SINGH)
mamta JUDGE
Malhotra Mamta
2013.10.08 14:55
I attest to the accuracy and
integrity of this document
Chandigarh