Criminal Misc. No. M-2132 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-2132 of 2008 Date of Decision: 6.8.2008 Kapoor Singh and Another …Petitioners Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Anil Ghangas, Advocate for the petitioners. Mr. Sunil Nehra, Assistant Advocate General, Haryana, for respondent No.1-State. Mr. Yashvinder Paul Singh, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) On 28.1.2008, a Co-ordinate Bench of this Court passed the following order:- “Present: Mr. Anil Ghangas Advocate for the petitioner. This is a petition under Section 438 of the Code of Criminal Procedure for grant of pre- arrest/anticipatory bail to the petitioners in case FIR NO. 220 dated 24.12.2007 registered under Sections 420, 467, 468, 471, 506 and 120-B IPC at Police Station Tosham, District Bhiwani. It is contended by the learned counsel for Criminal Misc. No. M-2132 of 2008 2 the petitioners that the deceased, who is the father of the complainant, executed a will in the favour of the petitioners, which was obviously not to the liking of his daughter. The petitioners are the nephews i.e. sons of real brother of the deceased. The execution of the will in their favour has resulted in lodging of the present FIR in which the allegations have been made that the petitioners have procured the will fraudulently. It is further contended that the deceased died on 24.10.2007 resulting in the lodging of the present FIR on 24.12.2007 Notice of motion to the respondents for 18.3.2008. In the meantime, arrest of the petitioners shall remain stayed subject to the following conditions:- i) that the petitioners shall make themselves available for interrogation by a police office as and when required; ii) that the petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; Criminal Misc. No. M-2132 of 2008 3 iii) that the petitioners shall not leave India without the previous permission of the Court. Sd/- (Mahesh Grover) Judge January 28, 2008” Thereafter, on 16.7.2008, this Court passed the order from which it surfaced that the will in question has been made part of the challan (report under Section 173 Cr.P.C.). Counsel for the State contends that against the two accused report under Section 173 Cr.P.C. (challan) was filed. He further contends that since the petitioners are on pre-arrest bail, challan has not been filed against them. Counsel for the State, on instructions from Badri Parshad, Assistant Sub Inspector, Police Station Tosham that challan (report under Section 173 Cr.P.C.) against the petitioners shall also be filed within one month. Thereafter, on the basis of evidence and documents gathered by the prosecution, petitioners shall apply for the regular bail. Pre-arrest bail granted to the petitioners shall enure only for a period of one month. Thereafter, the petitioner may apply for regular bail and the same shall be decided on merits. With these observations, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge August 6, 2008 “DK”