Crl. Misc.No.M-7739 of 2011(O&M) # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M-7739 of 2011(O&M) Date of Decision:-02.05.2011 Jaspal Singh. ......Petitioner. Versus State of Punjab & Anr. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. G.S. Bhatia, Advocate for the Petitioner. Mr. Shailesh Gupta, DAG Punjab. *** JASWANT SINGH, J (ORAL) Crl. Misc.No.14123 of 2011 Allowed as prayed for. Crl. Misc.No.M 7739 of 2011 Prayer under Section 438 Cr.PC is for grant of anticipatory bail on behalf of petitioner Jaspal Singh in case complaint case bearing no.177 dated 19.09.2009 under Sections 302, 420, 120-B IPC, pending in the Court of CJM, Rupnagar. As per allegations levelled in the complaint by complainant- Satish Kumar, petitioner Jaspal Singh along with Sajjan Singh in order to grab the property of deceased Sharan Kaur had killed her as her dead body Crl. Misc.No.M-7739 of 2011(O&M) # 2# was found with burn injuries on 27.11.2001. It is submitted by the learned Counsel for the Petitioner, that complainant filed a petition bearing Crl. Misc.No.10426 M of 2002 which was disposed of vide order dated 14.3.2002 with the liberty to complainant to send the substance of the information regarding the commission of cognizable offence and further the SSP Rupnagar was directed to investigate the matter in accordance with law. It is further submitted that in pursuance of the directions FIR No.151 dated 12.07.2002 under Section 306, 218, 420 and 120-B IPC was registered and thoroughly investigated twice in which the allegations against the petitioner and others were found baseless and finally a cancellation report dated 16.10.2002 was filed. It is further stated that aggrieved against the cancellation report the complainant represented to the Home Secretary, Punjab for further investigation of the matter who in turn marked the same to ADGP(Crime) and the matter was again investigated by SP(D) Rupnagar who vide inquiry report dated 02.07.2003 recommended cancellation of the case and also recommended for initiating proceedings under Section 182 IPC against the complainant. As per investigations it was found that deceased Sharan Kaur aged 85 years was residing alone at Ropar and was suffering from various diseases due to which she remained under depression and set her ablaze. It is further mentioned therein that deceased Sharan Kaur during her lifetime had already nominated petitioner Jaspal Singh & Sajjan Singh as her legal heirs and had disinherited her son namely Kuldeep Singh. It was further found that a number of cases were pending in the Courts between Satish Kumar complainant and Jaspal Singh(petitioner) and in order to get benefit in these cases Satish Kumar-complainant had got registered the aforesaid Crl. Misc.No.M-7739 of 2011(O&M) # 3# case against Jaspal Singh. Copy of the inquiry report dated 16.09.2006 has been annexed as P-1. The aforesaid submissions made on behalf of the petitioner have not been seriously contested by the learned State counsel. Without commenting upon the merits of the case, the present petition is allowed with a direction to the petitioner to surrender himself before the learned trial Court within 10 days from today and in case petitioner so surrenders he be released on bail subject to the satisfaction of the trial Court. Disposed of in the above terms. ( JASWANT SINGH ) JUDGE May 02, 2011 Vinay