CRM-M No. 9655 of 2011 **** Balwant Singh vs. State of Punjab Present: Mr. L.S.Goraya, Advocate for the petitioner. Dr. U. S. Dhaliwal, Addl. AG, Punjab. **** This is a petition for anticipatory bail filed in case bearing FIR No.122 dated 27.11.2010, under Sections 419, 420, 467, 468, 471 and 120-B IPC registered at Police Station Shri Hargobindpur, Police District Batala. On 30.03.2011 the followoing contention was noticed:- “ Leaned counsel states that actually not only the seller was impersonated even the marginal witness viz. the petitioner was also impersonated and the thumb impression on the sale deed, alleged to be that of the petitioner, is not of the petitioner. Further argues that he would be able to establish it before the investigating officer and that in case he cannot so establish it then his application for anticipatory bail may be rejected.” Learned Addl.AG, on instructions from ASI Yoginder Singh, states that he petitioner has joined the investigation and has given his specimen thumb impression. Learned counsel for the petitioner has argued that in case it is found that the disputed thumb impression is that of the petitioner he would not be entitled to the concession of anticipatory bail but in case the disputed thumb impression is not that of the petitioner, then the petitioner is obviously innocent. Learned Addl. AG has very fairly accepted this position. In the circumstances this petition is conditionally allowed and CRM-M No. 9655 of 2011 -2- the investigating officer is directed to release the petitioner on bail v in the event of his arrest with the caveat that in case the forensic examination reveals that the disputed thumb impression is that of the petitioner it would be open to the prosecution to move an application for cancellation of bail. ( AJAY TEWARI ) JUDGE May 09, 2011 sunita