BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No. 220 dated 2.8.2013 under Sections 419, 420, 465, 466, 471, 120 -B of the Indian Penal Code, 1860 registered at Police Station Sadar Jalandhar. Learned counsel for the petitioner has submitted that the complainant had filed a civil suit for declaration qua the property in question. Thereafter, FIR in question had been lodged. Petitioner had merely attested the Will in question. Learned counsel has further submitted that the thumb impression of the executant from the photocopy of the Will was got compared with her standard thumb impression and as per the report of the expert, thumb impression on the Will and the standard thumb impression were opined to be affixed by the same person.

(2.) LEARNED State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed the petition and has submitted that the original Will had not been produced by the accused during investigation. Even the register of the deed writer had also not been produced during investigation and was stated to have been lost. Learned State counsel has further submitted that, in fact, wife of the petitioner had got 1/4th share out of the suit property on the basis of sale deed executed by his co -accused. Petitioner is required for custodial interrogation.