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2025 Supreme(P&H) 781

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 
Sandeep Moudgil, J.
Harcharan Singh – Appellant
Versus 
State Of Punjab – Respondent 
CRM-M-64118-2024
Decided on : 08-01-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. Jitender Singh Dadwal, Advocate
For the Respondent:Mr. J.S. Rattu, DAG, Punjab; Mr. Abhijeet Partap Singh Chaudhary, Advocate

JUDGMENT :

Sandeep Moudgil, J. (Oral)

Relief Sought -

This petition has been filed under Section 483 of the BNSS, 2023 (read with Section 439 Cr.P.C.), for grant of regular bail to the petitioner in case FIR No.62 dated 22.08.2024 (Annexure P-1), under Sections 419, 420, 467, 468, 471 and 120-B of the IPC, 1860, registered at Police Station Ladhuwal, District Police Commissionerate Ludhiana.

2. Prosecution story set up in the present case as per the version in the FIR reads as under :-

'At this time it is recorded that an application PGD No. 407804 dated 09.08.2024 by Ajit Singh son of Gurbachan Singh resident of village Nurpur Bet, Ludhiana, was received at Police Station through post for registration after the case investigation was done. Which is as under: To The Commissioner of Police Ludhiana Sub: Complaint agianst 1. Mohinder Singh son of Kamail Singh son of Swaran Singh, resident of Gali no. 2, Ichhewala road Veer Nagar Ferozepur City, (Adhar card 4395 2093 2401) 2. Subahsh Chand son of Shri Amar Nath, House no. 35, Club road, Civil lines, Near Durga Mata Mandir, Ludhiana, 3. Bunty-16- Kumar Numberdar, village Sunet, Ludhiana 4. Gurcharan Singh, Advocate, Distt. Courts, dhiana. For registration of case under section 318(4), 319(2), 335,336(1),336(2), 336 (3), 61(2), of B.NS 2023 for committing a forgery of power of attorney bearing wasika no 2024-25/101/4/36 dated 5.04.2024 by impersonation and by forging the signature of the applicant Sir, The applicant submits as under: 1. That the applicant Mohinder Singh alias Mohinder Singh Sohal son of Karnail Singh, at present resident of PO box 6995 Portland, OR 97228-6995 USA, is settled in America for the last more than 30 years, and holds an American passport. 2. That the applicant has executed special power of attorney in favour of his confident ShriAjit Singh Khaira son of Shri Gurcharan Singh, resident of Village Nurpur Bet, Tehsil and District Ludhiana is competent complaint to file and pursue the present complaint. 3. That the applicant is owner to the extent of 1/2 share in the land measuring 174K-7M out of Khata no. 47/57min, 49/59min, 50-60-48/58 min, Khasra no.24//1/1, 25/14, 25/5/1, 25/6/1, 25//7/1, 25//20/1, 26/15, 26/6, 26//15, 25//1, 25//10, 25/11/1, 25//12/2,26//3/2,26//8, 26//13, 26//17, 26//18, 26//25, 25//2/1,25//8/1, 25//9/2, 25//13, 25//19, 26/14, 26/17, 26//14, 26//16, 24//1/2, 25//3/2, 25/5/2, 25//6/2, 25//7/2, as per jamabandi for the year 2019-20 situated in Village Chahar, Hadbast no. 121, Tehsil West, District Ludhiana. The aforesaid agricultural land falls on southern Bye Pass, Ludhiana and its market value is more than Rs. 3 crores per acre. 4. That the applicant has came to know that the accused Mohinder Singh, Subhash Chand, Bunty Kumar Namberdar and Gurcharan Singh Advocate, in connivance with each other with malafide intention to grab the valuable property of the applicant, have forged and fabricated one General power of attorney bearing wasika no.2024-25/101/4/36 dated 5.04.2024 in which the accused Mohinder Singh son of Karnail Singh son of Swaran Singh, resident of Gali no.2 Icchewal Road, Veer Nagar, Ferozepur City, impersonated as applicant (Mohinder Singh Sohal) and power of attorney bearing wasika no.2024-25/101/4/36 dated 5.04.2024 has been executed in favour of accused Subhash Chand, for the land measuring 5 Acre-61/2 Kanals situated in Village Chahar, District Ludhiana. 5. That the applicant did not visited India on 5.04.2024 as such there is no question of the applicant, executing power of attorney in favour of accused Subhash Chand, and the executants shown and identified in the power of attorney is an impersonator who has forged the signatures of the applicant. 6. That the genuine and standard signatures of the applicant do not match with the signatures by a forger and impersonator on the fraudulent power of attorney dated 504.2024.7. That the applicant do not hold any Adhar Card number 4395 2093 2401 which has been mentioned in the forg

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