High Court of Punjab and HaryanaCRM-M/43937/2017allowed

Sujan Kaur v. State Of Punjab

2018-01-17Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-43937 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-43937 of 2017 Decided on: 17.01.2018 Sujan Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Chetan Bansal, Advocate for the petitioner. Mr. Rahul Rathore, DAG, Punjab.

Mr. B.S. Jaswal, Advocate for the complainant. ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.518 dated 14.10.2017 registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Civil Lines, District Amritsar. Counsel for the petitioner submits that in pursuance to the order dated 10.11.2017, the petitioner has already appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Satpal Singh, has not disputed the factual position and states that the petitioner is no more required for any further investigation. Counsel for the complainant, on the other hand, has opposed the prayer for bail on the ground that Sujan Kaur is daughter of Harbhajan Kaur, the real sister of the complainant - Gian Singh. It is further submitted that Gian Singh, in fact, wanted to disinherit his adopted son namely Abhayjeet Singh who is natural son of the Mohd. Yakub 2018.01.18 18:11 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-43937 of 2017 petitioner - Sujan Kaur and grandson of his other sister Gian Kaur, and has asked her sister - Harbhajan Kaur to prepare a deed of disinheritance whereas she prepared a transfer deed and got the property transferred in her name on 07.01.2016. In the said deed, the son-in-law of Harbhajan Kaur - Jagdeep Singh was an attesting witness who was found to be innocent during the investigation. Counsel for the complainant has, thus, submitted that Sujan Kaur who was an attesting witness in a subsequent sale deed was having the knowledge of all the facts. After hearing counsel for the parties and on perusal of the FIR, I find that there are no direct allegations against the petitioner - Sujan Kaur except a mere fact that she is daughter of the other sister of the complainant namely Gian Kaur, which is not sufficient to decline her the relief of anticipatory bail.

In view of the above and the fact that the petitioner has joined the investigation, the petition is allowed and the interim bail granted to the petitioner vide order dated 20.11.2017 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C. (ARVIND SINGH SANGWAN) JUDGE 17.01.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.01.18 18:11 I attest to the accuracy and authenticity of this document Chandigarh