Anticipatory bail is an extraordinary remedy that should not be granted in cases involving prima facie evidence of serious offences like forgery and criminal conspiracy, even if civil proceedings are simultaneously pending regarding the same subject matter.

AARADHNA SAWHNEY, J. (ORAL)

1. This petition for grant of anticipatory bail under Section 438 Cr.P.C, has been filed by petitioner, one of the accused in case bearing FIR No.36 dated 24.10.2024 registered against him and others at Police Station Punjab State Crime, SAS Nagar, Mohali, for commission of offences punishable u/s 419, 420, 465, 467, 468, 471 and 120-B IPC.

2. Relevant facts as can be inferred from the documents on record are noticed hereinbelow:-

Smt. Hardial Kaur, 80 years old woman, whose husband – Sh. Rajinder Singh, son – Jaspal Singh and both the brothers have passed away, set the criminal law in motion by filing a complaint pointing therein that after the death of her son Jaspal Singh on 18.02.2017, the land owned by him in Village Gujjar was transferred in her name. During his lifetime, her husband Rajinder Singh had executed a registered Will dated 01.10.2019 in her favour. She alleged that Rinku, d/o Balbir Singh, Parampal Singh s/o Balbir Singh, Balveer Singh s/o Darshan Singh, Navjinder Singh s/o Safdarpal Singh, Safdarpal Singh s/o Ranbir Singh, Ranjit Singh, Tehsildar (Jaitu) and Gurdeep Singh, Reader to Tehsildar, in connivance with each other fabricated a General Power of Attorney dated 20.05.2024 said to have been executed by her, in favour of Parampal Singh, who on the strength of the said fake GPA executed the sale deeds of the land in question in favour of Balveer Singh, Navjinder Singh and Safdarpal Singh (since deceased). Revenue Officials were also hand in gloves with alleged vendor and vendees as they deliberately did not verify the documents. She further deliberately did not verify the documents. She further pointed out that co-accused, namely, Vijay Kumar, Nambardar of Village Sadwan and Davinderpal Singh (present petitioner) s/o Prithipal Singh, who do not hail from Village Gujjar, appended their signatures on fabricated Power of Attorney and verified some other woman as Hardial Kaur, despite knowing that the said woman is not real Hardial Kaur w/o Rajinder Singh. She also came to know that the said woman does not own any land in Village Gujjar. Complainant next alleged that in lieu of sale deeds, no amount was transferred in the account of either imposter Hardial Kaur (co-accused Rinku) and co-accused - Parampal Singh.

She alleged that all the above mentioned persons are the members of organized gang, who prepare fake documents of lands of helpless people and grab their property. The vendees Safdarpal Singh and Navjinder Singh, further as per complainant, are very well known to her. A Civil Suit titled “Rajinder Singh Vs. Harpal Singh” in which Safdarpal Singh (since deceased) is one of the parties, is pending adjudication before the Civil Courts. Further, both Safdarpal Singh and Navjinder Singh are already facing trial in another case bearing FIR No. 56 dated 08.08.2019, u/s 406, 420-B IPC registered against them by one Simranjeet Singh s/o Gurmukh Singh levelling similar allegations.

While mentioning the questionable past antecedents of the accused persons, complainant alleged that on an earlier occasion as well, Parampal Singh s/o Balbir Singh had sold land of one Sukhdev Singh s/o Mukhtiar Singh r/o Dulo Wal Tehsil Mansa to Khushwant Singh Brar on the strength of fake GPA in which he mentioned himself as resident of Village Deep Singh Wala. However, in the present case, on the fabricated GPA, Parampal Singh mentioned himself to be permanent resident of Kasuri Gate, Ferozepur, presently residing in Village Deep Singh Wala, District Faridkot. The address of Ferozepur was