(1.) Petitioner Surinder Singh son of Kushal Singh has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, vide FIR No.164 dated 9.10.2012 (Annexure P1), on accusation of having committed the offences punishable u/ss 419, 420, 465, 467, 468, 471 and 120-B IPC by the police of Police Station Sohana, District SAS Nagar (Mohali), invoking the provisions of section 438 Cr.PC.
(2.) Concisely, the prosecution claimed that complainant Sheel Kumar Jain (for brevity the complainant ) and his wife Murti Devi are the owners of the land measuring 41 Kanals 3 Marlas, situated in village Kandala. The petitioner and his other co-accused hatched a criminal conspiracy, fraudulently prepared the forged death certificate of complainant & other documents and fabricated the agreement to sell, purported to have been executed by Murti Devi. As soon as, the accused were in the process of fraudulently registering the sale deed, in the meantime, the complainant came to know of their evil design and appeared in the office of Sub Registrar. The case of the prosecution further proceeds that on 8.8.2012, the accused committed trespass in his land in question and threatened the complainant & his family members with dire consequences of elimination.
(3.) Leveling a variety of allegations and narrating the sequence of events in detail in the FIR (Annexure P1), in all, according to the complainant that the petitioner and his other co-accused hatched a criminal conspiracy, formed a gang of land grabbers to grab the properties of innocent persons, fraudulently prepared the forged death certificate of complainant, other documents, fabricated the indicated agreement to sell, purported to have been executed by Murti Devi, impersonated, forged her signatures and cheated them in order to grab the property. In the background of these allegations and in the wake of complaint of complainant, the present case was registered against the accused in the manner depicted here-in-above.