IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : January 09, 2009 1. Criminal Misc. -M No. 33811 of 2008 (O&M) Jaskiran Singh and another versus State of Punjab 2. Criminal Misc. -M No. 34328 of 2008 (O&M) Amarjit Singh versus State of Punjab Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Rajesh Punj, Advocate for the petitioners Mr. KD Sachdeva, DAG Punjab Pritam Pal,J. (Oral) The aforesaid petitions filed under section 438 of the Code of Criminal Procedure for seeking anticipatory bail are arising out of one and the same FIR No. 376 dated 9.11.2008 under sections 376, 120-B IPC registered at Police Station Basti Jodhewal, Ludhiana and therefore, they are being disposed of by this common order. Suffice it to say that as per allegations levelled by Smt. Parvinder Kaur, prosecutrix in this case are that after the dispute with her husband she was made to live with Amarjit Singh who had assured to keep her as his daughter. Amarjit Singh is stated to be friend of father of the prosecutrix. During her stay she was administered some intoxicant tablets and thereafter she was raped by Amarjit Singh petitioner who is father of other two accused namely Jaskiran Singh and Harsimranjit Singh. Not only that, the aforesaid two sons of Amarjit Singh had also committed rape upon her. In this regard, an inquiry was also conducted by the office of the rank Criminal Misc. -M No. 33811 of 2008 (O&M) -2- of Superintendent of Police (City-III), Ludhiana. In his report dated 30.10.2008, the aforesaid allegations levelled by the prosecutrix were found to be true. Be that as it may, in the given facts and circumstances and without commenting on the merits of the case, I do not find these cases to be fit for granting anticipatory bail to the petitioners as the provisions under section 438 of the Code of Criminal Procedure are to be invoked sparingly and in exceptional circumstances which are lacking in this case. Hence both the petitions are hereby dismissed. ( Pritam Pal ) January 09, 2009 Judge 'dalbir'