Major Singh v. State Of Punjab

TAPINDER SINGH MANN 2016.05.31 17:57 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 12229 of 2016 Date of decision: 31.5.2016 Major Singh Petitioner vs.

State of Punjab Respondent

Present:

Mr. RS Budhwar, Advocate.

Ms. HK Athwal, DAG, Punjab M.M.S.BEDI,J.

The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Rajinder Singh, permanent resident of Canada. He had a share in the joint land measuring 7 kanal 14 marlas along with his brothers Harinder Singh and Baljit Singh. By virtue of sale deed dated 7.6.1995 the share of the complainant was transferred in the name of Baldev Singh, uncle of the complainant. So far as the petitioner is concerned, he allegedly impersonated as Rajinder Singh and appeared before the Sub Registrar.

With the assistance of State counsel and ASI Balbir Singh, I have gone through the police file. Namberdar Narinder Singh, who is an attesting witness, has got his statement recorded to the effect that he had signed before the Sub Registrar at the instance of Harinder Singh and that he did not know anything beyond that. Prima facie, the complainant has been deprived of his property while he was abroad. The circumstances do not warrant grant of concession of pre-arrest bail to the petitioner. I have considered the contention of counsel for the petitioner that the matter has been compromised between the brothers. The settlement of dispute amongst brothers cannot be considered a favourable circumstance to grant the concession of pre- arrest bail. Dismissed. However, nothing said in this order will prejudice the right of the petitioner to seek the concession of regular bail or approach this court satisfying the court that the matter has actually be compromised between the parties.

May 31 ,2016 ( M.M.S.BEDI ) TSM JUDGE