HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Harbhajan Singh apprehending his arrest in a nonbailable offence in case FIR No.140 dated 15.11.2006 registered under Sections 420/467/468/471/120-B IPC at Police Station Division No.1, Pathankot, District Gurdaspur has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail.

(2.) While issuing notice of motion on January 25, 2007, the arrest of the petitioner was stayed subject to his joining the investigation. I have heard the counsel for the parties and gone through the contents of the FIR.

(3.) Counsel for the petitioner contends that petitioner Harbhajan Singh is brother-in-law of deceased Khazan Singh, who was owner of the property in question. Counsel contends that deceased Khazan Singh executed a registered will on 2.2.2005 in favour of the petitioner. Counsel contends that the complainant is the real daughter of Khazan Singh and after his death she sold the property owned by Khazan Singh to one Gurdip Singh Sethi and the petitioner has already filed a civil suit challenging the said sale deed which is pending before the civil court. Counsel contends that in the aforesaid FIR it has been alleged that the petitioner has forged and fabricated the aforesaid will.