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Manjit Kaur and Another, Gurbaksh Singh, Mahender Singh and Shinder Singh and Another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 23 April 2009 · Citation: (2009) 7 SLR 226

HON’BLE JUDGES
Sabina, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438(2)
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Judgment

10 paragraphs · 263 words

Sabina, J.—This order shall dispose of above mentioned two petitions bearing Nos. Crl. Misc. No. M- 25497, 31394, 26371, 25959 of 2008 as they arise out of the same FIR.

2.

At the time of issuing notice of motion, following order was passed by this Court on 30.9.2008 in Crl Misc. No. 25497 of 2008:

Allegations against the petitioners are that they forged the signatures and got the land mutated. Counsel says that it is basically a civil dispute in nature and the civil suit is pending. No evidence from the expert has been obtained in support of the alleged forgery.

Notice of motion for 27.11.2008.

In the meanwhile, in the event of arrest of the petitioners, they shall be released on anticipatory bail to the satisfaction of the Arresting Officer, subject to the conditions contained in Section 438 (2) Cr.P.C. They will join the investigation as and when required.

In the other petitions also the same interim order was passed.

3.

Learned Counsel for the petitioners has submitted that parties are closely related to each other. Civil suit with regard to the dispute is pending between the parties.

4.

Learned State counsel, who is assisted by ASI Tej Pal, has submitted that the petitioners have joined investigation.

5.

Keeping in view the fact that the parties are closely related to each other and a civil suit is pending between them with regard to the sale in question and the fact that the cases rests on documentary evidence, interim bails granted by this Court are made absolute.

6.

Petitions stand disposed of accordingly.