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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Seema Gupta - Appellant
Versus
State Of Haryana - Respondent
CRM-M No. 6415 of 2021
Decided On : 23-03-2021
Anticipatory Bail - Forgery of Will - The court granted anticipatory bail to the petitioner, who was accused of forging a Will, based on the petitioner's participation in the investigation and the ongoing civil suit challenging the Will.
Fact of the Case:
The petitioner sought anticipatory bail in a case involving allegations of forging a Will and related charges. The petitioner's counsel argued that the petitioner was implicated due to her relationship with a co-accused and highlighted the petitioner's lack of involvement in other criminal cases.
Finding of the Court:
The court had previously directed the petitioner to join the investigation, and upon confirmation of the petitioner's participation, granted absolute bail considering the ongoing Covid-19 pandemic.
Issues: The main issue was the petitioner's involvement in the alleged forgery of the Will and related criminal charges.
Ratio Decidendi: The court's decision was influenced by the petitioner's compliance with the investigation and the ongoing civil suit challenging the Will, as well as the exceptional circumstances of the Covid-19 pandemic.
Final Decision: The court granted the petitioner anticipatory bail, subject to the conditions stipulated under Section 438(2) Cr.P.C, and directed the petitioner to continue cooperating with the investigation.
JUDGMENT
Anupinder Singh Grewal, J. - Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No.245 dated 03.07.2020, under Sections 120-B, 420, 467, 468 and 471 IPC, registered at Police Station Adampur, District Hisar.
3. Learned counsel for the petitioner contends that it is alleged by the complainant that a Will of her mother had been forged by the petitioner and her husband in May, 2013. He, however, contends that the petitioner is the daughter-in-law of the complainant and has been roped in primarily because she is the wife of the co-accused Sanjay Gupta, who had been arrested and released on regular bail. Sanjay Gupta had been adopted by his maternal grand parents and had been residing with them. The Will is stated to be executed in May, 2013 and the petitioner is the beneficiary only to the extent that a house was transferred in her name in February, 2019. A civil suit has been filed by the complainant challenging the Will, which is pending adjudication before the trial Court. The petitioner is 43 year old lady with two children and is not involved in any other criminal case.
4. This Court, by order dated 11.02.2021 had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of her arrest, she was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions from ASI Maninder Singh, states that the petitioner has joined investigation.
6. In view of the above and the petitioner having joined investigation, the Covid-19 Pandemic, the order dated 11.02.2021 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. She shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
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