Sukhdev Singh vs State of Punjab

Rajan Gupta, J.—This is a petition filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioner vide FIR No. 4 dated 24.01.2011 under Sections 420, 467, 468, 471 IPC at Police Station Majitha, District Amritsar.

Learned Counsel for the Petitioner has contended that Petitioner has been falsely implicated in the case. The dispute is basically civil in nature and thus Petitioner is entitled to concession of pre-arrest bail.

I have heard learned Counsel for the Petitioner.

The allegation against the accused is that Sewa Singh (father of the Petitioner) is having 9 kanals and 8 marlas of land at village Majitha. Sukhdev Singh (Petitioner herein) along with her wife asked the complainant to execute the will in favour of his three sons. On 23.11.2010, the complainant was administered liquor by the Petitioner and under its influence got executed a deed regarding change of ownership of land in his favour, which was also witnessed by Hardial Singh. Later on, complainant came to know with regard to execution of the transfer deed from his daughter (Rani) when she visited the house of the Petitioner.

It is evident that allegations against the Petitioner are serious. He is stated to have got executed a deed regarding change of ownership of land in his favour in a fraudulent manner. I am thus of the considered view that dispute cannot be said to be basically civil in nature. On the other hand, custodial interrogation of the Petitioner may be required for taking the investigation to its logical end.

In view of above, the Petitioner is not entitled to concession of pre-arrest bail. The petition is thus devoid of merit and is hereby dismissed.