Arvinder Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh I) Arvinder Singh ... Petitioner

Versus

State of Punjab ... Respondent II) CRM-M-43943-2019 (O&M) Balwinder Singh ... Petitioner

Versus

State of Punjab ... Respondent III) Sukhdev Singh ... Petitioner

Versus

State of Punjab ... Respondent Date of Decision:-28.9.2022

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Inderpreet S. Brar, Advocate, for the petitioner in CRM-M-37654-2019.

Mr. Tribhawan Singla, Advocate, for the petitioner(s) in CRM-M-43943-2019 and CRM-M-43953-2019.

Mr. Luvinder Sofat, DAG, Punjab, assisted by ASI Jagtar Singh.

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( 2 ) GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned three petitions filed on behalf of petitioners Arvinder Singh, Balwinder Singh and Sukhdev Singh seeking grant of anticipatory bail in respect of a case registered vide FIR No.153 dated 30.6.2017 at Police Station Patran, District Patiala, under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code. 2.

At the time of issuance of notice of motion in CRM-M-37654 of 2019, the following order was passed on 6.9.2019:

"It is contended by learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner was nowhere in the picture when his grandfather had executed the alleged Will in favour of father of the petitioner. It is only after the grandfather and the father of the petitioner had expired, the land had come to the present petitioner. Still further, it is submitted that otherwise also, the petitioner got only that much of land from his grandfather, which would have come to him by way of inheritance as well. Still further, it is contended that, on realising the fact, that there was no fraud in the Will, one of the uncles of the petitioner, i.e. the complainant had already agreed to settle the dispute. However, finding an opportunity to pressurise the petitioner, the other uncle of the petitioner has started raising dispute qua the alleged Will. But, whether it is Will or no Will, the petitioner is entitled to get a bit more than 22 kanals of the land from his ancestral agriculture land; and the petitioner has got that much only.

Notice of motion for 20.11.2019.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the

( 3 ) petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

It is further ordered that both the uncles of the petitioner, namely, Baldev Singh complainant as well as Gurdev Singh, shall remain present in the Court on the next date of hearing. The Investigating Officer of the case shall ensure that both the above-said uncles of the petitioner remain present in Court on the next date of hearing. " 3.

Even in the other two matters i.e. in CRM-M-43943-2019 and in CRM-M43953-2019, similar directions were issued vide orders dated 17.10.2019. During the pendency of the these petitions, the parties being closely related were referred to Mediation and Conciliation Centre of this Court. 4.

As per report dated 11.2.2020 received from the Mediator, the parties have amicably resolved their issues. The settlement dated 11.2.2020 is also on record.

5.

The learned State counsel, upon instructions from ASI Jagtar Singh, has informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial interrogation. 6.

Having regard to the facts and circumstances of the case particularly the fact that the petitioners have already joined investigation and are not required for any custodial interrogation, all the three petitions are accepted and the interim directions issued by this Court vide order dated 6.9.2019 (passed in CRM-M-37654-2019) and orders dated 17.10.2019 (passed in CRM-M43943-2019 as well as in CRM-M-43953-2019) are hereby made absolute, subject to the condition that the petitioners shall join investigation as and

( 4 ) 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. 7.

A photocopy of this order be placed on the file of each connected case. 28.9.2022 ( Gurvinder Singh Gill ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No