DAYABIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dayabir Singh and Jatinder Kumar, the petitioners seek pre-arrest bail in a case registered by way of FIR No. 44 dated 18.3.2012 at Police Station Lalru, District SAS Nagar(Mohali), for an offence punishable under sections 427, 447 and 511 IPC, to which sections 167, 218, 419, 420, 465, 468, 471 and 120-B IPC were added later on.

(2.) Learned senior counsel for the petitioners submits that Didar Singh had been the onwer of 2 bighas 12 biswas of land situated in village Bhagwasi. According to him, he sold this land vide sale-deed dated 14.1.2010 in favour of Charanjit Kaur wife of Dayabir, petitioner no.1. He further submits that mutation regarding the sale-deed was got entered and when it was to be sanctioned, Satpal produced his saledeed dated 13.10.2008 and questioned the saledeed in favour of Charanjit Kaur. According to him, the revenue authorities considered the matter and vide order dated 5.12.2011,Annexure P-2, the sale-deed in favour of Charanjit Kaur was found to be a valid document and mutation was sanctioned in her favour. He further submits that with regard to the sale-deed dated 13.10.2008 there has been an FIR, Annexure P-1, against Satpal and the case registered by way of the same is still pending against him. He further submits that to involve petitioner no.2, complainant Satpal claimed that an entry in the daily diary of patwari dated 6.1.2010 was got made by petitioner no.2 on behalf of Satpal by forging his thumb impression in which it was mentioned that the possession of land was with Didar Singh and entry in the khasra girdawari be made in his favour. According to him, Didar Singh could only have motive to get this roznamcha entry made in his favour and he is not a petitioner before this Court. He has further added that the petitioners have joined the investigation.

(3.) Learned State counsel, on the instructions of ASI Phool Kumar, admits that the petitioners have joined the investigation. According to him, the thumb impression in the name of Satpal on the rapat roznamcha does not tally with the thumb impression of Satpal.