(1.) FACTS have been given in sufficient detail in Crl. Misc. No. 25806-M of 2001 in which Siri Niwas co-accused is the petitioner who has claimed anticipatory bail in the same case (FIR No. 181 dated 26.6.2001 registered under Sections 420, 467, 468, 471, 506 IPC at PS City Jagadhari).
(2.) IT was submitted by the learned counsel for the petitioners that Smt. Chandra Wati executed will dated 31.5.91 in favour of Shri Niwas which was a genuine will. It was submitted that Shri Ajay Mohan Paliwal, Finger Print Expert compared the purported signatures of Smt. Chandra Wati appearing on will dated 31.5.91 with those appearing on will dated 11.5.91 and her admitted signatures appearing on the plaint and wakalatnama and civil suit Smt. Chandra Wati v. Siri Niwas filed in the court of Shri C.B. Jaglian, Additional Senior Sub Judge, Jagadhari and found that the purported signatures of Smt. Chandra Wati appearing on will dated 31.5.91 tallied with her admitted signatures on the plaint and wakalatnama of civil suit Smt. Chandra Wati v. Siri Niwas filled in the court of Shri C.B. Jaglian, Additional Senior Sub judge, Jagadhri. He found that the admitted signatures of Smt. Chandra Wati appearing on the plaint and wakalatnama of civil suit Smt. Chandra Wati v. Siri Niwas filed in the court of Shri C.B. Jaglian, Additional Senior Sub Judge, Jagadhari did not tally with her purported signatures on will dated 11.5.91. It was submitted that there are two reports of different finger print experts; one supporting Siri Niwas and the other supporting Lakhmi Chand. It was submitted that the science of handwriting is not an exact science and therefore, there can be no tilt in favour of Lakhmi Chand so as to deny anticipatory bail to Siri Niwas. It was submitted that the opinion of Shri N.K. Jain, Finger Print Expert, Ambala could not form the basis of declining anticipatory bail to the petitioners.
(3.) IN the case in hand, there are two conflicting reports of the finger print experts; one showing that will dated 31.5.91 was genuine and will dated 11.5.91 was forged; and the other showing that will dated 31.5.91 was forged and the will dated 11.5.91 was genuine. Faced with this position, learned AAG, Haryana assisted by Shri Dhuriwala submitted that Shri Ajay Mohan Paliwal, Finger Print and Hand Writing Expert belongs to Muzaffar Nagar (UP) where Siri Niwas is married and that his opinion should not be given weight because it is biased.