KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 419, 420, 467, 468 and 471/120-B IPC at Police Station Ajnala, Amritsar (Rural).

(2.) The FIR has been registered on a complaint made by Balwinder Kaur widow of Kashmir Singh to the Sub-Divisional Judicial Magistrate, Ajnala. Kashmir Singh, the deceased husband of the complainant was an ex-serviceman who retired from the Indian Army. He had various immovable properties including land at village Jauns, Tehsil Ajnala, District Amritsar. Out of the marriage between the complainant Balwinder Kaur and Kashmir Singh, they had no issue. They adopted a female child from their relation who is married to Kuldeep Singh. Kashmir Singh after retirement lived at village Jauns with the complainant Balwinder Kaur and was looking-after his properties. Amrik Singh accused No.1 is the brother of Kashmir Singh while Surjit Singh and Ranjit Singh are the sons of Amrik Singh and the petitioner Kulwant Kaur is wife of Amrik Singh. The other accused namely Avtar Singh and Nirmal Singh are the residents of village Jauns. The accused had an eye on the properties of Kashmir Singh. Kashmir Singh died on 23.11.2006. The complainant Balwinder Kaur was under the impression that her husband suffered a heart attack as that was the impression given by the accused which she did not doubt. After the death of Kashmir Singh, the complainant Balwinder Kaur became exclusive and legal owner of the properties of deceased Kashmir Singh and she applied to the revenue authorities for sanctioning mutation in her favour which was duly sanctioned. On 20.12.2006 Amrik Singh, Surjit Singh, Ranjit Singh and Kulwant Kaur (petitioner) started threatening the complainant Balwinder Kaur that she should leave the village and the properties of the deceased Kashmir Singh. They stated that Kashmir Singh has executed a Will dated 16.10.2006 in respect of his properties in favour of Surjit Singh and Ranjit Singh.

(3.) The FIR has been registered for the offences as have been noticed above. The petitioner was granted bail by this Court vide order dated 19.2.2008 (Annexure P1). This Court had directed that the order granting interim bail is made absolute till the expiry of two months from the date of filing challan. The petitioner in the meantime was to move the trial Court for bail. It is submitted that the petitioner being a 70 years old lady and suffering from hyper tension, blood sugar and diabetes could not comply with the said conditions. A reference has been made to the medical reports (Annexures P2 to P12). The Police has submitted challan in the absence of the petitioner.