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(2021) Law Today Live Doc. Id. 16491
Decided on: 12.07.2021
Present:
Mr. Monty Goyal, Advocate for the petitioner.
Mr. Dhruv Dayal, Senior DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 420, 465, 467, 468, 471, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attesting witness to Will – Anticipatory bail -- Petitioner was an attesting witness to the Will executed by the father of the complainant -- Will is a matter of challenge in the Civil Court -- Neither the ownership nor the possession of the property has changed and no harm is caused in real terms -- Beneficiaries of the Will are in custody -- No allegation that any benefit has been derived by the petitioner who is 55 years of age and is not involved in any other case -- Similarly situated co-accused have been granted anticipatory bail – On interim direction, petitioner joined the Investigaiton – Order granting interim bail to the petitioner made absolute.
(Para 3-6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No. 0010 dated 23.12.2020, under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860, registered at Police Station NRI Patiala, District Patiala.
3. Learned counsel for the petitioner contends that the petitioner was an attesting witness to the Will executed by the father of the complainant. The Will is a matter of challenge in the Civil Court. Neither the ownership nor the possession of the property has changed and no harm is caused in real terms. He also contends that the beneficiaries of the Will, namely, Pargat Singh and Ajaib Singh are in custody. There is no allegation that any benefit has been derived by the petitioner. The petitioner is 55 years of age and is not involved in any other case. He also contends that the similarly situated co-accused, namely, Malkiat Singh and Surjit Singh have been granted anticipatory bail by this Court by order dated 25.03.2021 passed in CRM-M No. 5233 of 2021.
4. This Court, by the order dated 28.04.2021, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions from SI Mohinder Singh, states that the petitioner has joined investigation.
6. In view of the above, especially when the petitioner having joined investigation, the order dated 28.04.2021 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
Petition allowed.
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