Harjeet Singh Alias Harjit Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.205 Date of Decision: 01.10.2021 Harjeet Singh @ Harjit Singh

...Petitioner

Versus

State of Punjab

...Respondent

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Kanav Bansal, Advocate, for the petitioner.

Ms. Jaspreet Kaur, A.A.G., Punjab, for the respondent-State.

Mr. Piyush Sharma, Advocate for the complainant.

* * * * MEENAKSHI I. MEHTA, J.

Apprehending his arrest in the criminal case pertaining to the FIR bearing No.51 dated 26.06.2021 registered at Police Station Zira, District Ferozepur, under Sections 420, 465, 467, 468, 471 and 120-B IPC, the petitioner has moved this petition for seeking the relief of anticipatory bail.

Shorn and short of unnecessary details, the allegations, as levelled by the complainant in the subject FIR, are that the petitioner, who happens to be her father-in-law, had transferred the land measuring 71⁄2 acres in the name of his son, i.e. her husband, vide the transfer deed dated 18.12.2017 and thereafter, her husband committed suicide due to the family dispute over the said land but the petitioner got her falsely

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implicated in a case under Section 306 IPC for the same and later-on, he forged a Will dated 19.04.2020 purported to have been executed by his son (her husband) in his (petitioner's) favour. Status-report filed on behalf of the respondent-State, by way of the affidavit of the Deputy Superintendent of Police, Zira, District Ferozepur, is already available on the file and the same is taken on the record.

I have heard learned counsel for the petitioner as well as learned State counsel (assisted by learned counsel for the complainant) in the present petition and have also perused the file thoroughly. Learned counsel for the petitioner contends that the petitioner has been falsely got implicated in this case by the complainant against whom a case under Section 306 IPC already stands registered with the allegation of her having abetted her husband to commit suicide and moreover, the petitioner has not forged any document and the civil proceedings regarding the afore-said disputed Will are already pending before the competent authority and in these circumstances, the petitioner deserves the relief as prayed for in the instant petition. Per contra, learned State counsel argues that the subject FIR has been registered after conducting proper and thorough inquiry in respect of the complaint/application moved by the complainant and in view of the gravity of the offence committed by the petitioner, this petition be dismissed.

Even if the above-said criminal case has been registered

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against the complainant and the civil proceedings are pending before the competent authority qua the Will in question, even then, the fact remains that it has categorically been mentioned in para No.5 of the said Replycum-affidavit that during the investigation as conducted by the DSP (R), Ferozepur, the attesting witness of the said Will named Gurcharan Singh got his statement recorded to the effect that this Will was not executed in his presence and rather, the petitioner had brought the same to him and had obtained his signatures thereon while taking him in confidence. Moreover, it has also been mentioned therein that the alleged Will bears the date 19.04.

2020 and is shown to have been executed at Zira whereas the deceased son of the petitioner was residing in Village Lelheri, Tehsil Khanna and there was also lock-down in the Country on that date. Keeping in view the above-discussed facts and circumstances as well as the gravity of the allegations as levelled against the petitioner, this Court is of the considered opinion that the petitioner does not deserve the concession of anticipatory bail. Resultantly, the present petition stands dismissed.

However, it is clarified that nothing contained here-inbefore shall be construed to be an expression of the opinion of this Court on the merits of this case.

(MEENAKSHI I. MEHTA) 01.10.2021 JUDGE neetu Whether speaking/reasoned Yes Whether Reportable No