IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

234 DATE OF DECISION: 08.01.2025 HARCHARAN SINGH ...PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Jitender Singh Dadwal, Advocate for the petitioner.

Mr. J.S. Rattu, DAG, Punjab.

Mr. Abhijeet Partap Singh Chaudhary, Advocate for the complainant.

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SANDEEP MOUDGIL, J (ORAL)

1. 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, vilageSunet, 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-6- 1/2 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 attorne