IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-25393 of 2009 (O&M) Date of decision : 10.9. 2009 Gurmail Singh Lamberdar ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Rajinder Singla, Advocate for the petitioner. ..... MAHESH GROVER, J. This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.153 dated 20.8.2009 under Sections 419/420/468/471/120-B IPC, at Police Station City Mansa. The petitioner, who is a Lamberdar, is accused of identifying a lady wrongly, and who impersonated as one Radha Rani and got a power of attorney registered in favour of Surinder Singh on the basis of which some property was transferred. It has been contended by the learned counsel for the petitioner that he is an old man and not the beneficiary and even he is an illiterate person and could not understand the implications of wrong identification. Crl.Misc.No.M-25393 of 2009 (O&M) -2- After hearing the learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail has been made out . The petitioner is a functionary of the village. He being a Lamberdar is expected to know the people of the area. It is not expected that a Lamberdar would identify a wrong person who ultimately manages to impersonate and plays a fraud depriving a person of his rightful property. The allegations against the petitioner therefore assume more significance in the wake of the position that he holds in the village. In this view of the matter, the argument of the learned counsel for the petitioner that he is not a beneficiary pales into insignificance. The contention of the learned counsel for the petitioner that he is an old person also does not absolve him of the culpability and does not create a mitigating circumstance. At this stage, learned counsel for the petitioner prays for permission to withdraw the present petition. Permitted to do so. Dismissed as withdrawn. 10.9.2009 (MAHESH GROVER) JUDGE dss