In the Punjab and Haryana High Court, at Chandigarh. CRM-M-26720 of 2011 (O&M) Decided on Sept 05,2011 Jagjit Singh Jassal --Petitioner vs. State of Punjab --Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.J.P.S.Rajput, Advocate, for the petitioner Rakesh Kumar Jain,J:(Oral) This is a petition for pre arrest bail under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') in a case registered vide FIR No.76 dated 26.7.2011, under Sections 420,467,468 and 471 of IPC at Police Station Division No.4, District Ludhiana City. Undisputedly, the property in question was owned by Sunder Singh, who died on 1.12.1987 leaving behind his wife Smt Basant Kaur, two sons, namely, Jagjit Singh Jassal (petitioner), Manjit Singh (husband of the complainant) and two daughters, namely Charanjit Kaur and Amarjit Kaur. It is alleged by the learned counsel for the petitioner that during the life time of Sunder Singh, the petitioner (Jagjit Singh Jassal), his wife Amar Kaur and his three daughters, namely Baljinder Kaur, Harvinder Kaur and Gurvinder Kaur were living in the house in question. The two daughters of Sunder Singh, namely Charanjit Kaur and Amarjit Kaur are already married and are living in Canada whereas the other son of Sunder Singh, namely Manjit Singh (husband of the complainant) is residing at Mohali along with his family. He argued that after the death of Sunder Singh, the house in question fell to the share of the petitioner in terms of partition deed. The arrangement continued for years together and when the petitioner felt the need of selling the said house, the present FIR has been registered. He also submits that the petitioner is an old man suffering from heart disease. I have heard the learned counsel for the petitioner and perused the record. The dispute in this case is of usurping the property in question by the petitioner in the name of partition deed dated 07.6.1961 which has neither been produced before the Court below nor before this Court, which prima facie proves that the petitioner is not the only heir of said Sunder Singh (deceased) who has got the house in question transferred in his name by filing false affidavit and has further sold it to Dalbir Kaur on 25.5.2011 . Taking into consideration the facts and circumstances of the case, I am of the view that the petitioner does not deserve the concession of discretionary relief of anticipatory bail. Hence, this bail application is hereby dismissed. Sept 05,2011 (Rakesh Kumar Jain) RR Judge