IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1238 of 2011 Date of decision: March 09, 2011. Sucha Singh & Ors. ...Petitioners v. State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Ranjit Sharma, Advocate, for the petitioners. Shri T.S. Salana, Deputy Advocate General, Punjab. Shri D.S. Pheruman, Advocate for the complainant. Kanwaljit Singh Ahluwalia , J. (Oral): Present petition has been filed under Section 438 of the Code of Criminal Procedure for the grant of pre-arrest bail in case FIR No.118 dated 2.11.2010 registered at Police Station Goindwal Sahib, District Tarn Taran under Sections 420/467/468/120-B IPC. A Coordinate Bench, on January 17, 2011, had passed the following order:- “Learned counsel for the petitioners submits that the petitioners are the marginal witnesses of the Will dated 16.12.2008 executed by Swaran Singh son of Badan Singh who is the husband of the complainant – Amrit Kaur. It is submitted that the Will dated 16.12.2008 is subject matter of a civil suit (Annexure P1) filed by Jaswant Singh and others who are the nephews and brothers of deceased – Swaran Singh. It is submitted that the validity of the Will is to be considered and gone into by the civil court. Even otherwise, the case is based on documentary evidence and the petitioners are not in a position to tamper with the same. Notice of motion for 9.3.2011. Crl. Misc. No.M-1238 f 2011 -2- In the meantime, in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. The petitioners shall, however, join investigation as and when called and shall abide by the conditions of Section 438(2) Cr.P.C.” Shri T.S. Salana, Counsel for the State, on instructions from ASI Baljinder Singh, states that the petitioners have joined the investigation and their custodial interrogation is not required. Shri D.S. Pheruman, Advocate, has caused appearance for the complainant and has stated that the complainant is a widow, having no child, and the purported Will is forged by the nephews to deny the right of succession to the complainant. Validity of the Will is to be determined by the civil court and especially the fact that the State no longer requires accused for investigation, therefore, this Court has no other option but to affirm the order dated January 17, 2011. Petitioners shall remain on bail till submission of report under Section 173 Cr.P.C. Thereafter, the trial court shall permit them to file regular bail bonds. Disposed of. [Kanwaljit Singh Ahluwalia] March 09, 2011. Judge kadyan