IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-5199 of 2009
Date of decision: 31.3.2009
Tajinder Kaur W/o Paramjit Singh
..... Petitioner
Versus
State of Punjab
..... Respondent
Present: Mr. Ashwani Talwar, Advocate for the petitioner.
Mr. Sudhir Nehra, Addl. A.G., Punjab.
****
S.S. SARON, J.
Heard counsel for the parties.
The petitioner seeks pre-arrest bail in a case registered against her for the
offence initially under Section 406 Indian Penal Code (“IPC” – for short) but
subsequently offences under Sections 465, 468, 470, 471 and 120-B IPC have been
added.
The FIR in the case has been registered on the complaint of Rajinder
Kaur Walia against the petitioner and her brother Gundeep Singh. Rajinder Kaur
Walia complainant is the brother’s wife (Bhabi) of the petitioner. Gurinder Singh @
Gurminder Singh father of the petitioner died on 8.2.2007. He was the owner-in-
possession of the land in village Seenpur District Kapurthala. Besides, he owned
land in village Patti Mehar, District Ambala. He also owned moveable assets. The
complainant was the daughter-in-law of the deceased.
The case of the petitioner is that the deceased did not execute any Will in
favour of the complainant Rajinder Kaur Walia. Despite that the complainant
Rajinder Kaur Walia it is alleged has set up a forged and fabricated Will dated
Crl. Misc. No. M-5199 of 2009 [2]
7.2.2007 i.e. one day before the death of Gurinder Singh @ Gurminder Singh. On the
strength of the same, she has filed a suit. The petitioner has also filed a suit for
declaration to the effect that she along with her brothers and sisters are the owners-in-
possession to the extent of 1/5th share each in the moveable and immoveable
properties of the deceased Gurinder Singh @ Gurminder Singh. The said suit is
pending in the Civil Court at Kapurthala. Mutation proceedings are also pending
before the revenue authorities.
The FIR was registered on the allegations levelled by the complainant
Rajinder Kaur Walia against the petitioner and her brother Gundeep Singh that the car
that was in her (complainant’s) name had been taken by the petitioner and her brother
Gundeep Singh for going somewhere. Thereafter, they did not return the car of the
complainant despite her asking them to return the same time and again. It is not in
dispute that the car has been recovered and the same has been released on Sapurdari
in favour of the complainant. The dispute relates to the estate of deceased Gurinder
Singh @ Gurminder Singh.
Learned counsel for the State on instructions from HC Pragat Singh
Police Station Kotwali, Kapurthala has submitted that the petitioner has joined the
investigation and that the custody of the petitioner is not required for the purposes of
investigation.
In the circumstances, the interim bail granted to the petitioner on
25.2.2009 is made absolute.
Crl. Misc. petition stands disposed of.
(S.S. SARON)
JUDGE
March 31, 2009
amit
