High Court of Punjab and HaryanaCRM-M/921/2017disposed of

Keshav Mahajan & ANR v. State Of Punjab

2019-02-20Mr. Justice Arvind Singh Sangwan3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 20.02.2019 Keshav Mahajan and another ....Petitioners

Versus

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

Mr. G.S. Kaura, Advocate for the petitioners.

Mr. Joginder Pal Ratra, DAG, Punjab.

Mr. Sarabjit Singh, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioners pray for grant of anticipatory bail in FIR No.150 dated 20.07.2016, registered under Sections 419, 420, 467, 466, 471 and 120-B of the Indian Penal Code, 1860 at Police Station Cantonment Amritsar, District Amritsar.

The operative part of the order dated 16.01.2017, vide which interim anticipatory bail has been granted to the petitioners, is reproduced as under:- "....Learned counsel contends that that the complainant, namely, Meenu Kapoor became the owner of the property in dispute in view of the registered Will left by the owner Sant Suraj Parkash. The said Sant Suraj Parkash used to buy bricks from the brick kiln owned by the petitioners. The complainant paid an amount of Rs.45 lacs to the petitioners after withdrawing the same from the

account of Late Sant Suraj Parkash. The house held by Late Sant Suraj Parkash was sold to the petitioners by the complainant and receipt (Annexure P-4) against the payment was received. The irrevocable Power of Attorney was issued by the complainant in favour of the petitioners (Anneuxre P-5). Subsequently vide Annexure P-8, Power of Attorney was revoked by the complainant. The petitioners deny the factum of their signatures on the Power of Attorney and contend that the petitioners have nothing to do with the Power of Attorney allegedly forged by the complainant (Annexure P-6).

Notice of motion for 03.03.2017...."

Thereafter, on various occasion, this Court has directed the petitioners to place on record some documents and rejoin the investigation i.e. on 25.10.2017 and thereafter, the investigation was transferred to Crime Branch. On 11.07.2018, the petitioners were again directed to appear before the Investigating Officer and join the investigation.

Status report by way of affidavit of the Assistant Commissioner of Police, West, Amritsar is on record and as per the status report, the enquiry is still pending.

Counsel for the State, on instructions from Inspector Palwinder Singh, submits that challan will be presented within a period of 02 months from today and the petitioners are no more required for further investigation.

In view of the above, this petition is disposed of and the interim bail granted to the petitioners vide order dated 16.01.2017 is made absolute till the submission of the challan, subject to the conditions envisaged under Section 438(2) Cr.P.C.

It will be open for the petitioners to apply for bail, after the challan is presented before the trial Court.

(ARVIND SINGH SANGWAN) JUDGE 20.02.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No