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ASHOK KUMAR VERMA
Bachan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Ashok Kumar Verma, J. (Oral)
The petitioners have filed the present petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.267 dated 25.12.2022 registered under Sections 420 , 465, 467, 468 471 and 120B of the INDIAN PENAL CODE , 1860 at Police Station Shahkot, District Jalandhar Rural.
2. Learned counsel for the complainant has filed his power of attorney in the Court today which is taken on record.
3. Brief facts of the case are that the above-said FIR was registered on a complaint made by Ajaib Singh alleging that petitioner No.1-Bachan Singh had forged the signatures of his deceased brother namely Swaran Singh and got prepared one agreement to sell dated 08.01.2021 and further on the basis of that agreement filed a civil suit for permanent injunction and also got a stay from alienating the suit property. Petitioner No.2-Jaspal Singh, being the son of petitioner No.1, had signed on the alleged forged agreement to sell as witness and he was also privy to the fraud whereas deceased-Swaran Singh had transferred the property in question in favour of the complainant, being his elder brother.
4. Learned counsel for the
Anticipatory bail is an extraordinary remedy and should be granted sparingly, especially where serious allegations warrant custodial interrogation for proper investigation.
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
Anticipatory bail is not to be granted routinely; it requires exceptional circumstances, and the court must assess the prima facie case and potential impact on the investigation.
The court considered the pending civil suit and the petitioner's cooperation with the investigation in granting anticipatory bail.
Impersonation in obtaining land deeds constitutes forgery under relevant statutes.
The grant of anticipatory bail was influenced by the lack of evidence linking the petitioner to the alleged forgery and the bail status of other co-accused.
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
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