AJMER SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners Ajmer Singh and three others have brought this petition under the provisions of section 438 of the Code of Criminal Procedure for grant of pre-arrest bail in a case registered by way of FIR No. 129 dated 21.03.2012 at Police Station Division No.5, Civil Lines, District Ludhiana City, for an offence punishable under sections 406, 467, 468, 471 and 120-B IPC, to which section 376 IPC was added later on. It is a case where petition qua Ajmer Singh, petitioner no.1 was withdrawn on 09.05.2012 and was dismissed as such.

(2.) Learned counsel for petitioners no. 2 to 4 has submitted that the offence punishable under section 376 IPC was attracted to the acts of Ajmer Singh. According to him, petitioners no.2 to 4 have no connection with that offence. According to him, the allegations against them are that on 04.08.1998, a sale deed by a 3 rd person was executed in favour of petitioner no.1 and the complainant. According to him, on 03.10.2000 the complainant executed a power of attorney in favour of petitioner no.4. He has further submitted that on 16.10.2000, petitioner no.4 sold the said property to petitioner no.3, a sister-in-law of the complainant and on 12.02.2001 petitioner no.3 sold the same to one Mohan Lal. According to him, the allegations are that the signatures of the complainant on the power of attorney had been forged.

(3.) Learned State counsel, on the other hand, with the assistance of learned counsel for the complainant, has submitted that everyone in the family of petitioner no.1 knew about the decree of divorce. According to him, the fact that petitioner no.1 was continuing to have sex with the complainant after the passing of the decree of divorce, was known to petitioners no.2 to 4. She has further submitted that the signatures of the complainant were forged on the power of attorney, on the basis of which petitioner no.4 sold the property to petitioner no.3 and thereafter petitioner no.3 sold the same to one Mohan Lal.