SABINA,J. - (1.) THIS petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No. 73 dated 8.11.2012 under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860 registered at Police Station Badali Alla Singh District Fatehgarh Sahib.
(2.) PROSECUTION story, in brief, is that complainant was daughter of Tara Singh. Accused Swaran Singh was the son of paternal uncle of the complainant. Complainant was the only legal heir of her father. After the death of Tara Singh on 23.11.2009, mutation was sanctioned qua his property in favour of the complainant. Accused Swaran Singh had produced a forged Will, alleged to have been executed by Tara Singh, in his favour in the Court of Sub Divisional Magistrate, Fatehgarh Sahib disputing mutation No. 1236. Learned counsel for the petitioner has submitted that the petitioner had merely scribed the Will in question. Petitioner had no way of knowing that the Will in question was not being executed by Tara Singh himself. Further, Tara Singh was not having cordial relations with his daughter. Litigation between Tara Singh and his daughter had been going on. The Will in question was under challenge in a civil suit.
(3.) LEARNED State counsel, on instructions from ASI Avtar Singh, on the other hand, has opposed the petition and has submitted that the petitioner was facing two other criminal cases with regard to similar offence. The Will in question was an un-registered document and had been forged by all the accused in connivance with each other. As per the report of the expert, the Will in question had not been signed by Tara Singh. The petitioner is required for custodial interrogation.;