JUDGEMENT
M.M.S.BEDI,J. -
(1.) This order will dispose of two petitions one
filed by Iqbal Kaur and Surinder Singh (CRM-M-38075 of 2015) and another
filed by Mohd. Suhail (CRM-M-41209 of 2015) for grant of pre-arrest bail
in a case which was registered on the basis of a complaint filed under
Section 156(3) of the Code of Criminal Procedure. As per the allegations
in the FIR Harjinder Kumar and Shivani complainants had filed papers for
the post of Sarpanch. It is alleged that the nomination of Harjinder
Kumar and Shivani were liable to be rejected on the ground that they were
in possession of land belonging to Gram Panchayat. Allegations against
Iqbal Kaur and Surinder Singh petitioners is that they had connived with
co-accused Mohd. Suhail and interpolated two lines in the Kanungo report
prepared by Kanungo Jasbir Singh, indicating that Harjinder Kumar and
Shivani were in illegal possession of different pieces of land. On the
basis of allegations that a forged report was used to get the nomination
papers of candidates Harjinder Kumar and Shivani rejected FIR has been
registered. The petitioner Iqbal Kaur is alleged to have signed the
forged report in the capacity as Ex-Sarpanch whereas petitioner Surinder
Singh is alleged to have planned the conspiracy and directed Mohd. Suhail
petitioner to prepare the forged Kanungo report by changing the two line
as mentioned here in above.
(2.) Mr. A.P. Singh, Advocate appearing for Mr. Navjot Singh, counsel for the complainant has vehemently contended that the petitioners having been
instrumental in preparing a forged report and getting the nomination of
the above said persons rejected causing serious prejudice to them, the
petitioners should not be granted the pre-arrest bail to the petitioners.
(3.) State counsel has also alleged that on account of two lines incorporated regarding illegal possession of the land by the candidates,
a serious prejudice has been caused to the candidates.;
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