Cr.Misc. NO.M 58 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 58 of 2009 DATE OF DECISION : 4.3.2009 Ram Swarth Kushwaha ......PETITIONER VERSUS State of Haryana. ......RESPONDENTS PRESENT: Mr. Vikram Punia, Advocate Mr. Rattan Brar, AAG, Hry M.M.S.BEDI,J. The petitioner apprehends arrest in a case registered at the instance of Vijaypal alleging that he had purchased property under a power of attorney of Moti Ram, who had actually died in the year 1994. The power of attorney had been forged at Haldwani. The case of the prosecution is that as a matter of fact the power of attorney had been executed by Ram Avtar impersonating as Moti Ram. The allegation against the petitioner is that he identified Ram Avtar as Moti Ram. Learned counsel for the petitioner has contended that the petitioner is a practicing Advocate and during the course of his professional duties, he himself had been duped as it was Pawan Kumar, who had identified Moti Ram as a first witness. The petitioner had been shown the photograph of Moti Ram and was made to understand that Ram Avtar was actually Moti Ram. The petitioner is ready to help the investigating agency for identification of the other accused and to bring the actual facts to the notice of the investigating authorities. He has already joined the investigation. Cr.Misc. NO.M 58 of 2009 2 The power of attorney seems to have been registered as the investigating officer has obtained a certified copy from the office of Sub Registrar, Haldwani. Since the event is of the year 1998; the petitioner had identified Moti Ram as a second witness after Pawan Kumar in the course of his professional duties; he having joined the investigation, can be granted the concession of pre-arrest bail. Though the allegations of grabbing of land with the assistance of the petitioner are very serious in nature but in view of the above circumstances, he being an Advocate having joined the investigation, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be admitted to bail to the satisfaction of the arresting officer subject to the condition that he will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. He will also assist the investigating agency to arrive at the truth by disclosing the true facts. He will not commit the similar offence of which he is accused of during the pendency of the trial. This order will remain operative till presentation of challan. In case the prosecution opts to present challan against the petitioner, the petitioner will be required to furnish fresh bail bonds to the satisfaction of the court concerned. March 4 ,2009 ( M.M.S.BEDI ) TSM JUDGE