IQBAL KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of two petitions one filed by Iqbal Kaur and Surinder Singh (CRM-M-38075 of 2015) and another filed by Mohd. Suhail (CRM-M-41209 of 2015) for grant of pre-arrest bail in a case which was registered on the basis of a complaint filed under Section 156(3) of the Code of Criminal Procedure. As per the allegations in the FIR Harjinder Kumar and Shivani complainants had filed papers for the post of Sarpanch. It is alleged that the nomination of Harjinder Kumar and Shivani were liable to be rejected on the ground that they were in possession of land belonging to Gram Panchayat. Allegations against Iqbal Kaur and Surinder Singh petitioners is that they had connived with co-accused Mohd. Suhail and interpolated two lines in the Kanungo report prepared by Kanungo Jasbir Singh, indicating that Harjinder Kumar and Shivani were in illegal possession of different pieces of land. On the basis of allegations that a forged report was used to get the nomination papers of candidates Harjinder Kumar and Shivani rejected FIR has been registered. The petitioner Iqbal Kaur is alleged to have signed the forged report in the capacity as Ex-Sarpanch whereas petitioner Surinder Singh is alleged to have planned the conspiracy and directed Mohd. Suhail petitioner to prepare the forged Kanungo report by changing the two line as mentioned here in above.

(2.) Mr. A.P. Singh, Advocate appearing for Mr. Navjot Singh, counsel for the complainant has vehemently contended that the petitioners having been instrumental in preparing a forged report and getting the nomination of the above said persons rejected causing serious prejudice to them, the petitioners should not be granted the pre-arrest bail to the petitioners.

(3.) State counsel has also alleged that on account of two lines incorporated regarding illegal possession of the land by the candidates, a serious prejudice has been caused to the candidates.