JASPAL SINGH Vs. HARDEEP SINGH & ANR

JUDGEMENT

(1.) Jaspal Singh, by way of Crl. Misc. No. M-5615 of 2013 and Lakha Singh and Kulbir Singh, by way of Crl. Misc. No. M-6229 of 20013 Singh, seek pre-arrest bail in a complaint case titled as Hardeep Singh Vs. Lakha Singh and others, pending in the court of Judicial Magistrate Ist Class, Kaithal for an offence punishable under sections 419, 420, 466, 467, 468, 471, 506 and 120-B IPC, in which the petitioners have been summoned to stand trial for the offence punishable under sections 419, 420, 466, 467, 468, 471, 506 and 120-B IPC, vide order dated 3.12.2012.

(2.) Learned counsel for the petitioners submits that in pursuance of the orders dated 19.2.2013 made in Crl. Misc. No. M-5615 of 2013, the petitioner has appeared before the court below and has been granted interim bail. According to him, in the other case though concession of interim bail was granted to the petitioners vide order dated 1.3.2013 but the two were arrested on 22.3.2013 and then the order was recalled on 23.3.2013 and they were admitted to interim bail. According to him, it is a complaint case where all the allegations would have to be proved by the complainant by leading evidence and the petitioners are not to be subjected to any custodial interrogation for investigation of the case.

(3.) Learned counsel for the complainant submits on the other hand that Kulbir Singh has impersonated Jaswant Singh, the father of the complainant on the registered sale-deed, power of attorney etc. According to him, the complainant has got photographs compared and found that the petitioners have committed the acts of cheating, forgery etc. According to him, the petitioners were keeping a watch on the proceedings of the complaint and when they came to know that summoning order has been made, they got the thumb impressions superimposed on the sale deed so that the same could not be compared.