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2026 DAILYLAW 27042 (PNJ)

MOHINDER KAUR @ MAHINDER KAUR @ SUKHJIT KAUR v. STATE OF PUNJAB

CRM-M/16771/2026 · 2026-07-07

Manisha Batra

body2026

Judgment text

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CRM-M No.16771 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 325 CRM-M No.16771 of 2026 Date of decision: 07.07.2026 Mohinder Kaur @ Mahinder Kaur @ Sukhjit Kaur ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Anmol Puri, Advocate, for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 178 14.11.2025 Kulgarhi, District Ferozepur 419, 420, 465, 467, 468, 471 and 120-B of IPC 2. Brief facts relevant for the purpose of disposal of this petition MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.16771 of 2026 -2- are that the aforementioned FIR was registered on the basis of a written complaint submitted by the complainant Hasanpreet Dhillon alleging therein that her husband had died on 09.05.2021. He owned 41 Kanals of land in Village Toot, District Ferozepur and mutation of inheritance of land owned by her husband was to be sanctioned in favour of her son, her mother-in-law i.e. the present petitioner as well as herself in equal shares. However, the petitioner in connivance with the co-accused, prepared a forged will dated 05.02.2020 purported to be issued by her husband in favour of herself (petitioner) and son of the complainant to the extent of half share thereby intending to deprive her of her share in the properties left by her husband and to usurp her share thereby cheating and defrauding her. As such, she prayed for taking action in the matter. 3. On receipt of complaint, inquiry was conducted. Statements of the parties as well as relevant witnesses were recorded and it was revealed that the petitioner in order to deprive the complainant of her share had connived with her husband as well as co-accused and prepared a forged and fabricated unregistered Will claimed to have been left by the husband of the complainant. The signatures of deceased husband of the complainant on the disputed Will were also got examined through a handwriting and finger print expert with his admitted signatures and it was revealed that the same did not match. The aforementioned FIR was registered. Investigation proceedings were initiated. Apprehending her MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.16771 of 2026 -3- arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Additional Sessions Judge, Ferozepur vide order dated 18.03.2026. 4. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. She is not a signatory in any capacity to the Will in question. There is no material on record to show that the Will in question is forged or fabricated. There is an inordinate delay in registration of the FIR which has not been explained. Even while moving an application for sanctioning mutation of inheritance of her deceased husband, the Will in question had been produced before the revenue authorities on 08.05.2023. However, no complaint was filed at that stage though the complainant was having full knowledge about this Will since that time. The case is based on documentary evidence. She is ready to join investigation. Her custodial interrogation is not required. The co- accused Gurcharan Singh, Mehar Singh and Baljinder Singh have been extended benefit of anticipatory bail. On parity, she too deserves to be extended the same benefit. More so, her case is even at a better footing since she is not a signatory in any capacity to the Will. It is, thus, argued that the petition deserves to be allowed. 5. Per contra, learned State counsel while relying upon the status report has argued that there are serious allegations as against the petitioner as she was the mastermind of the crime and got prepared a MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.16771 of 2026 -4- forged and fabricated Will in order to deprive the complainant of her share in the property left by her husband and to have half share in the said property instead of 1/3rd share to which she was entitled. It is also argued that for the purpose of conducting thorough investigation in the matter, the custodial interrogation of the petitioner is required. It is, therefore, stressed that the petition does not deserve to be allowed. 6. This Court has considered the rival submissions. 7. The petitioner is alleged to have prepared a forged and fabricated Will purported to be signed by her son who was also the husband of the complainant. As per the allegations, the signatures on this Will were compared with the admitted signatures of the deceased husband of the complainant and they did not match. The petitioner is beneficiary of the Will. Her complicity in the commission of subject offences prima facie stands established. For conducting thorough and proper investigation in the matter, her custodial interrogation is must. In case, the same is denied to the investigation agency, that shall leave many glaring loopholes and gaps, adversely affecting the investigation. The powers of anticipatory bail are extraordinary and the same are to be exercised sparingly in exceptional circumstances. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, this Court is of the considered opinion that the petition does not deserve to be allowed. MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.16771 of 2026 -5- Accordingly, the same is dismissed. 8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 07.07.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.08 10:49 I attest to the accuracy and authenticity of this order /judgment Chandigarh