kulwinder singh (officer) 14 August 2012

Produced document but refusing to compare signatures

My cousin made a fake will which he used numerous times in Civil procedure cases whilst I was abroad. Ultimately an F.I.R was registered against him and others for fraud and criminal trespass. Bail was refused on grounds of 'original will has not been produced'. My cousin produced will in Civil Court and got bail. After getting bail he broke into my property again while I was abroad and threatened Panchayat and prosecution witnesses. He is refusing to forensic test will also. Can bail be cancelled?

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N.K.Assumi (Advocate) 14 August 2012

Cancellation of bails depends on the breach of the conditions of the bail orders passed by the learned court. But in any case he has to produce the copy of the WILL and the said documents must go through the rituals of genuinity of the WILL including forensic expert if deem fit and proper.

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Guest (Guest) 14 August 2012

Granting of bail is a conditional order restoring the liberty of an individual, subject to the conditions which the court considers necessary to impose having regard to the peculiar circumstances of the case. Refraining from intimidating either the complainant or the witnesses of the procesution is a pre-requisite of every order passed by a court granting bail to an accused. Non-adherence to such a condition shall result in bail being cancelled. You may, therefore, challenge the bail granted to your cousin.

kulwinder singh (officer) 14 August 2012

I have letter from Panchayat/Sarpanch stating that my cousin has threatened witnesses and Panchayat. I also have affadavit from Panchayat stating that my cousin is in illegal possession again after bail. And I have copy of Panchayati register record asking for police protection from my cousin. Also I have complaint filed in Court asking for will signatures to be compared. Do I have sufficient proof or do I need more? Panchayat is willing to give evidence in Court. Thank you in advance.