IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No. 11859 of 2009 Date of Decision: February 08, 2010 Brij Madan Lal Sharma ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Deepak Aggarwal,Advocate for Mr.Veneet Sharma,Advocate for the petitioner. Mr.J.S.Sandhu,AAG Punjab Mr.Abhivat Gaur,Advocate for Mr.L.M.Gulati,Advocate for the complainant ** Sabina, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to him in case FIR No.10 dated 6.2.2009 under Sections 466, 468,471,474of the Indian Penal Code (`IPC' for short) registered at Police Station E-Division, Amritsar. At the time of issuance of notice of motion dated 1.5..2009, the following order passed:- “Contends that the petitioner is an old lady aged more than 65 years. There is a dispute between the husband of the petitioner and his real brother with regard to a flat at Bombay. The brother of the petitioner has filed a civil suit dated 22.4.2003(P1) against the petitioner and her husband which is pending in the High Court at Bombay. In the said suit, the parties are to lead their evidence. Crl. Misc. M No. 11859 of 2009 -2- The petitioner has produced a birth certificate in which her date of birth is recorded as 29.8.43. The husband of the brother of the petitioner namely Sohan Lal Sharma has lodged the FIR on the allegations that the said birth certificate is false. It is submitted that the matter is yet to be adjudicated before the Bombay High court. Besides, the material that is to be examined in documentary entry. Notice of motion for 20.7.09. Meanwhile, in the event of arrest, the petitioner on her furnishing personal bond and surety to the satisfaction of the arresting/IO, shall be admitted to interim bail. She shall join investigation as and when called and shall abide by the condition of Section 438(2) Cr.P.C." Learned counsel for the State, who is assisted by ASI Gurbachan Singh and counsel for the complainant, has submitted that the petitioner has joined the investigation. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Interim bail granted by this Court on 1.5.2009 is made absolute. (Sabina) Judge February 08, 2010 arya