JAGTAR SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 438 Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioners under Sections 420, 467, 468, 471 IPC at Police Station Lehra, District Sangrur, vide FIR No. 186 dated 9th December, 2010.

(2.) Learned Counsel for the Petitioners argued that Petitioners have been falsely implicated in the case. According to him, power of attorney in question was registered before Sub Registrar, Bhikhi on 4th November, 2009. On the basis of same, a sale-deed was executed in favour of Pritpal Singh and Kesar Singh. When the complainant came to know of execution of the power of attorney, he gave a complaint to Senior Superintendent of Police, Sangrur wherein name of Petitioners did not find mention. In any case, the investigation has to proceed on the basis of documentary evidence and thus, the Petitioners are entitled to the concession of pre-arrest bail.

(3.) Learned State counsel, however, vehemently opposed the prayer for pre-arrest bail. He contended that during investigation, statements of Kesar Singh, Balbir Singh and Pritpal Singh were recorded under Section 161 Code of Criminal Procedure. From the said statements, it became clear that Jagtar Singh and Ajaib Singh (Petitioners herein) were residents of same village as Puran Singh, and had hatched a conspiracy to get a forged power of attorney executed. According to him, one Raj Singh impersonated as Puran Singh and got power of attorney dated 4th November, 2009 executed in the name of Kulwant Singh. On the basis of said fake power of attorney, a sale-deed dated 30th November, 2009 was executed in favour of Kesar Singh and Pritpal Singh. Raj Singh was later arrested and during interrogation he pointed towards complicity of the Petitioners in the commission of crime.