IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: November 12, 2008 Crl. Misc. No. M-28046 of 2008 Balbir Singh … Petitioner Versus State of Punjab … Respondent Crl. Misc. No. M-26438 of 2008 Ajaib Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. B.S. Bajwa, Advocate, for the petitioner(s). Ms. Majari Nehru, DAG, Punjab. S.D. Anand, J. The prosecution allegation is that the petitioners, in conspiracy with each other, forced the impugned Will purporting to have been executed by Gian Kaur. The impugned Will dated 06.05.1974 surfaced after the death of Gian Kaur. Petitioner – Balbir Singh is the beneficiary thereunder; while petitioner – Ajaib Singh had identified the testator as Gian Kaur at the time of the execution of the Will. Crl. Misc. No.M-28046 of 2008 The learned counsel for the petitioner argues that there is nothing unnatural on the part of Gian Kaur in having executed the impugned Will in his favour because it was he only who was looking after her and providing for her when she was at the advanced age of 80 years. It is also argued that it was natural for Gian Kaur to have executed the Will in favour of appellant – Balbir Singh to the exclusion of first informant – Mst. Chhindo who was her step child (she was born to the first wife of husband of Gian Kaur). The prosecution allegations being fairly serious in character, and the exercise of jurisdiction under Section 438 of the Code of Criminal Procedure being extra ordinary in nature, I do not find it to be a fit case to grant anticipatory bail to the petitioners. Dismissed. However, in the light of a verbal plea, it is ordered that the regular bail plea (as and when it is filed by the petitioners) shall be disposed of by the learned Trial Court within three days from the date of filing thereof. Disposed of accordingly. November 12, 2008 ( S.D. Anand ) vkd Judge 2 Crl. Misc. No.M-28046 of 2008 3