Crl. Misc. No. M-37229 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-37229 of 2010 Date of Decision: November 22, 2011 Sabina Aggarwal …..Petitioner Vs. State of U.T. Chandigarh. …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. J.S. Mehandiratta, Advocate for the petitioner. Mr. Rajiv Sharma, Advocate for UT. Mr.Akshay Kumar, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) Petitioner is alleged to have presented a certificate dated May 20, 1986 with her application for admission to Department of Laws indicating that she was physically handicapped. The said certificate was allegedly issued by Dr.M.S.Singh, Assistant Professor in the Department of Orthopedic in Dr.Ram Manohar Lohia Hospital, New Delhi. During Crl. Misc. No. M-37229 of 2010 [2] investigation, it was found that there was no Doctor in the said name posted in Dr. Ram Manohar Lohia Hospital in 1986. The petitioner prays for pre-arrest bail, inter-alia on the ground that the case of the prosecution is based upon documentary evidence for which custodial interrogation is not required. The prosecution has been launched on the basis of a complaint filed by one Onkar Singh. It is claimed by the petitioner that said Onkar Singh has been acting at the behest of one Mohan Singh with whom the mother of the petitioner has been civil litigation regarding a house in Sector 21-B, Chandigarh. Counsel for the UT has vehemently argued that though the petitioner has joined investigation but the original document/ certificate is yet to be recovered. I have considered the facts and circumstances of this case. The petitioner is a female who has allegedly secured admission in Department of Laws, Panjab University, in the year 1986 under reserved category for handicapped persons on the basis of a forged certificate. The said certificate is dated May 20, 1986. The certificate which was produced by the petitioner has been taken in possession by the investigating agency. Without expression of any opinion regarding the locus standi of the complainant Onkar Singh to lodge a complaint, it is sufficient to observe that no wrongful loss has been caused to the complainant by the Act attributed to the petitioner. It will be debatable whether the document produced by the petitioner is a forged document having been used by the petitioner to cause any wrongful loss to the complainant or any other Crl. Misc. No. M-37229 of 2010 [3] person. No departmental proceedings have been initiated against the petitioner till date on the basis of alleged fake certificate produced by her. The fact remains that the petitioner has passed the examination. The effect of production of handicapped certificate to secure eligibility is not to be determined in the present proceedings. On joining investigation, the petitioner has disclosed that the original certificate dated May 20, 1986 has been attached with the admission form by her father who unfortunately is not alive. It does not appear to be a case of custodial interrogation. Taking into consideration the totality of the circumstances, the petition is allowed and it is ordered that in case of arrest of the petitioner she will be released on bail to the satisfaction of the arresting officer subject to the following conditions:- i) the petitioner will join investigation as and when required by the police; and that ii) she will not tamper with the evidence or hamper the investigation in any manner. This order will remain operative till the presentation of challan. In case the prosecution agency opts to present challan against the petitioner, she will be required to furnish fresh bail bonds to the satisfaction of the Court concerned at an opportune time. November 22, 2011 (M.M.S.BEDI) sanjay JUDG