This order disposed of two petitions seeking anticipatory bail under Section 438 Cr.P.C. The court dismissed the petitions, holding that custodial interrogation was necessary due to serious allegations involving passport forgery and criminal conspiracy.
Petitions for anticipatory bail dismissed holding custodial interrogation is necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.No.M-17222 of 2010 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1. Crl.M.No.M-17222 of 2010 (O&M) Jagdev Singh and another .....Petitioners v. State of Punjab .....Respondent 2. Crl.M.No.M-17281 of 2010(O&M) Rajwinder Singh alias Raj Brar and another .....Petitioners v. State of Punjab
.....Petitioners v. .....Respondent
Date of Decision: July 6, 2010
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.B.S.Bhalla, Advocate for the petitioners in Crl.M.No.M-17222 of 2010.
Mr.Narinder Singh, Advocate for the petitioners in Crl.M.No.M-17281 of 2010.
RAM CHAND GUPTA, J.(Oral)
` This order will dispose of both the aforementioned petitions bearing Crl.M.Nos.M-17222 and 17281 of 2010, filed by Jagdev Singh, Inderjit Kaur and Rajwinder Singh alias Raj Brar and Sukhwant Kaur, respectively, under Section 438 Cr.P.C. for grant of anticipatory bail to them in case FIR No.92, dated 30.4.2010, under Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Sadar Khanna, District Ludhiana.
I have heard learned counsel for the petitioners and have gone through the whole record carefully.
Brief allegations against petitioners-accused are that Jagtar Singh Panag, co-accused, husband of complainant Karanjit Kaur had gone abroad on forged and fabricated passport. She filed a complaint against her
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Crl.M.No.M-17222 of 2010 (O&M)
husband before the Court of Sub Divisional Judicial Magistrate, Khanna, however, the accused evaded their arrest. They were declared proclaimed offenders. On the basis of the said forged document, Jagtar Singh used to visit India. In enquiry it came out that passport No.A031283 is in the name of Gurvinder Singh, brother-in-law of Sukhwant Kaur, the sister of Jagtar Singh. Jagtar Singh contracted the second marriage with Baljit Kaur in connivance with his sister Sukhwant Kaur, wife of Prem Singh by impersonating himself as Gurvinder Singh. However, Gurvinder Singh had already expired on 10.6.1996 and the passport was forged after the death of Gurvinder Singh in connivance with Santokh Kaur, real sister of Jagtar Singh. All the accused committed the offence in connivance with each other. In the enquiry held by Deputy Superintendent of Police, it came out that one of the petitioners, namely,Inderjit Kaur was also working as an agent in the Passport office at Chandigarh and helped in getting the forged passport for Jagtar Singh.
Hence, in view of the serious allegations against the petitioners, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused. Rather, custodial interrogation of the petitioners-accused is necessary.
Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitionersJagdev Singh, Inderjit Kaur, Rajwinder Singh alias Raj Brar and Sukhwant Kaur for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
(Ram Chand Gupta) Judge
6.7.2010 meenu
1 issue framed by the court
Whether anticipatory bail should be granted or denied given serious allegations of forgery and connivance.
1 provisions across 1 enactments
Jagdev Singh
Inderjit Kaur
Rajwinder Singh alias Raj Brar
Sukhwant Kaur
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
