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High Court of Punjab and HaryanaCRM-M/21950/2020allowed

Paramjit Singh v. State Of Punjab

2020-09-09Mr. Justice Gurvinder Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 1.

CRM-M-21950-2020 (O&M) Paramjit Singh ... Petitioner

Versus

State of Punjab ... Respondent 2.

CRM-M-22043-2020 (O&M) Raman Kumar and others ... Petitioners

Versus

State of Punjab ... Respondent 3.

Kuldeep Kumar ... Petitioner

Versus

State of Punjab ... Respondent Date of Decision:-9.9.2020

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. J.S.Bhatti, Advocate for the petitioner in CRM-M-21950-2020.

Mr. Sandeep Berwal, Advocate for the petitioners in CRM-M-22043-2020.

Mr. Balram Singh, Advocate for the petitioner in CRM-M-23297-2020.

Mr. Randhir Singh Thind, DAG, Punjab.

Mr. S.S.Behl, Advocate and Ms. Harpreet Kaur Rattan, Advocate for the complainant in CRM-M-21950-2020 and CRM-M-22043-2020.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral)

1. The allegations as per FIR lodged at the instance of Geeta Rani are broadly

CRM-M-21950-2020 (O&M);

CRM-M-22043-2020 (O&M) & to the effect that her brothers Raman Kumar and Ravinder Kumar had forged a WILL in respect of estate of her father and had thereafter sold one of the shop to Paramjit Singh and Kuldeep Kumar.

2. The learned counsel for the petitioners have submitted that while the allegations in the present FIR pertain to sale of property stated to be belonging to complainant's father on the basis of a forged WILL but infact another FIR No. 26 dated 19.4.2016 under Sections 420/120B/465/467/472/1 IPC, Police Station Division No. 1, Ludhiana pertaining to allegations of forgery of the WILL in question had already been lodged wherein Raman Kumar and Ravinder Kumar i.e. brothers of the complainant have already been granted bail.

3. Pursuant to interim directions issued by this Court, the petitioners are stated to have joined investigation, as has been informed by learned State counsel, upon instructions from SI Maninder Kaur.

4. Having regard to the facts and circumstances of the case and while noticing that the petitioners Raman Kumar and Ravinder Kumar have already been granted bail in another FIR pertaining to forgery of the WILL of their father, this Court is of the opinion that custodial interrogation is not warranted.

5. The petitions, as such, are accepted and the interim directions issued vide order dated 7.8.2020 passed in CRM-M-21950-2020 and CRM-M-220432020 as well as order dated 19.8.2020 passed in CRM-M-23297-2020 are hereby made absolute subject to the condition that the petitioners shall appear and join the investigation as and when called upon to do so and

CRM-M-21950-2020 (O&M);

CRM-M-22043-2020 (O&M) & cooperate with the Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

6. Since no interim directions had been issued qua applicant/petitioner No.1Raman Kumar in CRM-M-22043 of 2020, it is ordered that in the event of arrest, applicant/petitioner No.1-Raman Kumar be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, applicant/petitioner No.1 - Raman Kumar shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 9.9.2020 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No