- (1.) The epitome of the facts & material, culminating in the commencement, relevant for deciding the instant petition for anticipatory bail and emanating from the record, is that, Sahib Singh alias Baljit Singh (since deceased), adopted son of Dalip Kaur wife of Kartar Singh, uncle of complainant Sukhminder Singh son of Kuldip Singh (for brevity "the complainant") was the owner of property in dispute. The complainant & his son were stated to have been managing the property and used to serve his uncle & aunt. Sahib Singh alias Baljit Singh had died on 9.3.2012 and complainant performed his last rites & ceremonies. The complainant claimed that petitioner Balvir Singh hatched a criminal conspiracy with his other co-accused and prepared a forged Will of his uncle with the intention to illegally grab his house and other property. Thereafter, on the pretext of forged Will, the accused entered into and stolen the household articles lying in the house.
(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the petitioner and his other co-accused cheated the complainant, prepared and used the forged Will as genuine, in order to deprive him from the property of his uncle. In the background of these allegations and in the wake of complaint of the complainant, a criminal case was registered against the petitioner and his other co-accused, by virtue of FIR No.228 dated 12.9.2012 (Annexure P1), on accusation of having committed the offences punishable under sections 420, 467, 468, 471, 448 and 120-B IPC by the police of Police Station Kotwali, District Patiala, in the manner depicted here-in-above.
(3.) Having exercised and remained unsuccessful of his right of anticipatory bail before the Additional Sessions Judge, now the petitioner has preferred the present petition for anticipatory bail in the indicated case, invoking the provisions of section 438 Cr.PC.;