IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) No. 269 of 2009 Date of decision: 24.4.2009 Jalam Singh …..Petitioner Versus The State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 No For the Petitioner: Mr. Ramakant Sharma, Advocate. For the respondent : Mr. J.S. Guleria, Assistant Advocate General. Surinder Singh, J. (Oral) The petitioner was unsuccessful to get pre-arrest bail from the court of Sessions as such; the instant application has been filed for the anticipatory bail, apprehending his arrest in FIR No. 57/2008 registered on 1.9.2008 under Sections 420,467,468,471,120-B of the Indian Penal Code in Police Station Shillai, District Sirmaur, H.P. In brief, the facts of the case are that one Shri Guman Singh son of Shri Kanshi Ram had applied for part time job in the Health Department and furnished a School Leaving Certificate regarding his qualification. But lateron, Shri Bahadur Singh, who was a rival candidate, challenged the said certificate on the ground that 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - it did not pertain to him and said Shri Guman Singh was not having that qualification which was shown in the certificate. On inquiry, conducted by the B.M.O., it was found that Guman Singh aforesaid had used the certificate of another Guman Singh son of Shri Amar Singh, resident of village Panog which was alleged to have forged by Jalam Sihgh, the present petitioner, who was the then J.B.T. Teacher posted in Government Primary School Panog. Guman Singh aforesaid was arrested and during the interrogation, he supplied information that the original certificate issued by him was returned to the petitioner by placing its photocopy while seeking employment, as it was required by him. It is on this allegation petitioner apprehends his arrest in a non-bailable offence in this case. The petitioner joined the investigation of this case as per the direction given on 18.4.2009. His bail has been objected to on the ground that the original certificate which was alleged to have been issued by the petitioner is to be recovered and his specimen of hand writing are to be taken for comparison. In my opinion, recovery of the said document and also for the purpose for which custodial interrogation is required will not be hampered in case he is granted pre-arrest bail in the circumstances aforesaid. Accordingly his bail - 3 - application is allowed and the interim bail granted on 18.4.2009 is hereby confirmed on the same terms and conditions and further with the condition that the petitioner shall attend the court as and when required. The application is accordingly disposed of. April 24, 2009 (Surinder Singh),J. (cm)