In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-2643 of 2010 ..... Date of decision:16.2.2010 Mustafa .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Sarfraj Hussain, Advocate for the petitioner. Mr. Rajeev K. Takkar, Additional Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 15.2.2008 for the offences under Sections 420, 467, 468 and 471 IPC. The FIR in the case has been registered on the statement of Mahender Singh Dalal, Superintendent, Haryana School Education Board, Bhiwani. As per allegations in the FIR various persons including the petitioner had submitted fake certificates with their application-forms for the Haryana Open Senior Secondary Examination held in February 2008. The documents attached with their examination forms were fake and vague and had not been issued by the office of the Haryana School Education Board, Bhiwani. Learned counsel for the petitioner has submitted that Mubarik and Gaurav Kumar have been granted the concession of bail and the Cr. Misc. No.M-2643 of 2010 [2] allegations against them were similar in nature. Learned counsel for the State has submitted that the custodial interrogation of the petitioner is required as the matter is to be investigated; besides from the Police file he has shown the attested photostat copy of the application form of the petitioner-Mustafa and attested photostat copy of the fake certificate attached with the said application form. It is also submitted that Mubarik and Gaurav Kumar, who had been granted the concession of pre-arrest bail have not so far joined the investigation, therefore, the investigation in the case has been considerably hampered. It is also submitted that the prosecution had asked the Principal, Government Senior Secondary School, Nagina (Mewat) about the authenticity of the certificate of the petitioner and others and as to whether they had studied in the said school during the period 2005-06. The Principal has given in writing that the record as submitted by the petitioner and others does not tally with the school record. After giving my thoughtful consideration to the matter, it may be noticed that Mubarik had filed Criminal Misc. No.M-8815 of 2009 in this Court. A perusal of the order-sheet of the said case shows that on 30.3.2009 it was submitted on behalf of Mubarik that he had passed 10+2 examination in July 2007 and, therefore, there was no reason for him to again fill-up 10+2 supplementary examination form in 2008 with the alleged fake certificate. It was also submitted that his co-accused had wrongly named him (Mubarik). Notice of motion in the said case was issued for 17.4.2009. On 17.4.2009, it was observed that the allegations against the said petitioner-Mubarik was that he had passed 10+2 examination in July 2007, therefore, there was no reason for him to fill-up the form of 10+2 in Cr. Misc. No.M-2643 of 2010 [3] the supplementary examination in 2008 with the alleged fake certificate. Besides, it was submitted that he had in fact certificate which was genuine and there was no reason for him to appear in the same examination once again. In this view of the matter, Mubarik (petitioner therein) was directed to join the investigation and in the meanwhile it was ordered that he would be admitted to bail. The case was adjourned to 22.5.2009. On the said date the order dated 17.4.2009 was confirmed. It was submitted by Mubarik (petitioner therein) that he went to the concerned Police station along with three Advocates, however, he was not allowed to join the investigation. Affidavit in this regard was also filed in this Court. The concerned Police official had not come and learned counsel for the State was not in a position to rebut the allegations in the absence of the Investigating Officer. It was in the said circumstances that the order passed on 17.4.2009 was made absolute. Gaurav Kumar another co-accused of the petitioner filed Criminal Misc. No.M-22348 of 2009 and he was granted the concession of pre-arrest bail keeping in view that Mubarik his co-accused had been granted pre-arrest bail. The position that Mubarik had been granted pre- arrest bail was not controverted by the learned counsel for the State. In the present case, however, the learned counsel for the State has submitted that the petitioner-Mustafa has appended a fake certificate of Board of School Education Haryana which was dated 30.5.2006. The same does not tally with the school records of the Government Senior Secondary School, Nagina (Mewat) from where the petitioner is shown to have passed his senior secondary certificate examination. Even the Principal of Government Senior Secondary School, Nagina (Mewat) submitted that the Cr. Misc. No.M-2643 of 2010 [4] particulars of the petitioner did not tally with the said school record. Therefore, the case of the petitioner is distinguishable from that of Mubarik and Gaurav Kumar who have been granted the concession of pre-arrest bail. Besides, the FIR has been registered on 15.2.2008 and for the last two years, it is submitted that the petitioner could not be traced out as he has not given his correct address. In fact, he is still not traceable. Besides, to conduct investigations in the case his custody would be required. In the circumstances, no ground for grant of pre-arrest bail is made out The criminal miscellaneous petition is accordingly dismissed. February 16, 2010. (S.S. Saron) Judge *hsp*