Criminal Misc. No. M-30853 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-30853 of 2010 Date of Decision : 26th November, 2010 Amandeep @ Amma ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr.K.D.S.Sodhi Advocate for the petitioner. Mr.Manoj Bajaj Additional Advocate General, Punjab. * * * Daya Chaudhary,J.(Oral) The present petition has been filed on behalf of petitioner- Amandeep @ Amma for grant of anticipatory bail in case FIR No.20 dated 24.02.2010, under Sections 382/34 of Indian Penal Code registered at Police Station Bilga, District Jalandhar. Notice of motion was issued on 29.10.2010. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case only on the basis of statement made by co-accused Manjit Singh and his name is not mentioned in the FIR. Learned counsel further submits that the brother of petitioner Pardeep has got married with one Veena against the wishes of her family members and the present FIR has been registered at the instance of family members of Veena. Learned State counsel, on instructions from HC Anwar Masih opposes the bail on the ground that another case bearing FIR No.25 dated 13.03.2010, Police Station Goraya has been registered against the petitioner. The Hon'ble Apex Court in various judgments has held that the power under Section 438 Cr.P.C is of an extraordinary character and must Criminal Misc. No. M-30853 of 2010 be exercised sparingly and in exceptional cases only. The said power is not unguided or uncanalised but all the limitations imposed in the preceding Section 437 Cr.P.C., are implicit therein and must be read into Section 438 Cr.P.C. as well. In addition to the limitations imposed in Section 437 Cr.P.C, the petitioner must further make out a special case for the exercise of the power to grant anticipatory bail. So, keeping in view the facts and circumstances of the case, gravity and seriousness of the offence that one more case is pending against the petitioner and he is involved in serious offence of robbery, no ground is made out for granting anticipatory bail to the petitioner. Under these circumstances, the present petition for grant of anticipatory bail is hereby dismissed. 26th November, 2010 (DAYA CHAUDHARY) Seema-II Judge