CRM-M No. 8826 of 2011 **** Gurbachan Singh vs. State of Punjab Present: Mr. SPS Sidhu, Advocate for the petitioner. Dr. U. S. Dhaliwal, Addl. AG, Punjab. **** This is a petition for anticipatory bail filed in case bearing FIR No. 22 dated 14.02.2011, under Sections 419, 420, 467, 468, 471 and 120-B IPC, registered at Police Station Sadar Ludhiana, District Ludhiana. On 23.03.2011 the following contention was noticed:- “Learned counsel argues that the petitioner is not the beneficiary and had attested the identity on the basis of a voter card of which he has retained the photocopies and that he is ready to co-operate with the investigation because in case these identity documents were also forged then this is a much more serious offence.” Learned counsel for the petitioner has stated that the petitioner has joined the investigation. Learned Addl. AG, however, states that these kind of fraudulent acts have to be dealt with a heavy hand. That may be so, but unless there is some positive evidence that the petitioner was aware of the true identity of the main accused, it would be in the interest of justice if his arrest is stayed. Learned Addl. AG, on instructions from ASI Karnail Singh, has fairly stated that at this stage there is no positive evidence that the petitioner was aware of the identity of the main accused. In the circumstances I deem it appropriate to confirm the order dated 23.03.2011 with the clarification that in case any positive evidence CRM-M No. 8826 of 2011 -2- emerges which shows that the petitioner was aware of the true identity of the main accused it shall be open to the prosecution to move an application for cancellation of bail. This order would be subject to the conditions envisaged in Section 438(2) Cr.P.C. and would subsist up to the filing of the challan, whereafter the petitioner would be required to seek regular bail, Petition stands disposed of. ( AJAY TEWARI ) JUDGE April 19, 2011 sunita