IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-8593 OF 2010 Date of decision : 29.9.2010 Rajpal Singh ….. Petitioner Versus State of Haryana …… Respondent Present: Mr. R.S. Sihota, Senior Advocate with Mr. B.R. Rana, Advocate for the petitioner. Mr. Pawan Singh, AAG, Haryana. Mr. R.N. Lohan, Advocate for the complainant. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 420, 467, 468 and 471 Indian Penal Code. The allegations against the petitioner who is a Physical Education Lecturer at Kisan College, Jind are that he has obtained two degrees in a year and while in service has obtained degree of a regular course. The petitioner while in service during the period from 24.6.1999 to 19.8.2001 on the post of DPE at SD Senior Secondary School, Jind obtained a marks sheet of M.P.Ed. (two years full time) regular course from Nagpur University. It is further alleged that during the Session 1994-95, the petitioner got regular admission in BA Ist year course in C.R. Kisan College, Jind and in April 1995 took examination of a regular CRM No. M-8593 OF 2010 [2] student of Kurukshetra University. In the same year 1995, it is alleged that he obtained a certificate of a regular course of C.P.Ed. of Basant Rao Nayak, College of Sports, Yavatmal (Maharashtra). In the year 1997, it is alleged that the petitioner did 10+2 from Haryana School Education Board and in the same year, he obtained a marks sheet of B.P.Ed. from Nagpur University, Nagpur, which is a regular course. The enrolment form printed for the Session 1997-98 has been used for the Session 1996-97 which is a year in advance. The date of birth also, it is alleged, is not correct. It is also alleged that the petitioner got detailed marks card of B.P.Ed. three-years’ course whereas Nagpur University, Nagpur has one-year B.P.Ed. course. The Roll No. of the concerned College is also incorrect. Various other irregularities have been pointed out. On 26.3.2010, when interim bail was granted to the petitioner, learned Senior counsel appearing for the petitioner had submitted that in case the petitioner is given time to satisfy the investigating authorities, he shall satisfy them in all respects. It was submitted that the petitioner was being falsely implicated and the case was based on records. After the grant of interim bail it is submitted that the petitioner was asked to submit the original mark-sheet of B.P.Ed. Ist year degree. However, the same has been misplaced. In any case, a Photostat copy dated 2.8.1997 was with the petitioner and the same was handed over to the learned State counsel on 25.8.2010. Besides, the petitioner had applied for duplicate mark-sheet vide letter dated 2.9.2009. A reply was received to the said letter from the Assistant Registrar (General Exams and Enquiry) Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur that the record of which duplicate mark-sheet had been asked for was sealed. CRM No. M-8593 OF 2010 [3] Learned State counsel has submitted that the custody of the petitioner is required for the purposes of investigation. It is submitted that apart from the B.P.Ed. Ist year degree mark-sheet , the position regarding the date of birth of the petitioner is also to be ascertained, as to why he is giving different dates of birth at various places. In the matriculation certificate it is submitted that the date of birth of the petitioner is 5.4.1975, whereas in the enrolment certificate of the petitioner he had mentioned his date of birth is 5.8.1973. Besides, it is submitted that the earlier Investigating Officer was threatened by the petitioner and his son had lodged a FIR against the petitioner. Learned counsel for the complainant has submitted that the petitioner does not deserve the concession of pre-arrest bail as he would not co-operate with the investigation and fair and effective investigation would not be possible without arresting and interrogating him. Learned Senior counsel appearing for the petitioner has submitted that in fact the earlier Investigating Officer was convicted in a corruption case and it was he who had been intimidating the petitioner. It is submitted that the date of birth that was on the enrolment certificate was inadvertently written as the form was filled by somebody else and not the petitioner. Therefore, for the bona fide mistake the petitioner is not liable to be denied the concession of pre-arrest bail. I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties and with their assistance, perused the records. The petitioner is a Physical Education Lecturer at Kisan College, Jind. It is alleged that he obtained two degrees in one year. Besides, while in service he obtained degree of a regular course which was not possible as he could not be on duty in service and at the same CRM No. M-8593 OF 2010 [4] time pursue his regular degree course. The petitioner was working on the post of DPE at SD Senior Secondary School, Jind for the period from 24.6.1999 to 19.8.2001. During this period, he obtained a mark-sheet of M.P.Ed. (two years full time) regular course from Nagpur University. Besides, the petitioner got regular admission in BA Ist year course in C.R. Kisan College, Jind during the session 1994-95. However, in April 1995 itself the petitioner appeared as a regular student of the Kurukshetra University. Besides, in the year 1995, he is said to have obtained a certificate of a regular course of C.P.Ed. of Basant Rao Nayak, College of Sports, Yavatmal (Maharashtra). The petitioner did his 10+2 from the Haryana School Education Board in the year 1997 and in the same year, he obtained a mark-sheet of B.P.Ed. from Nagpur University, Nagpur which is a regular course. The enrolment form printed for the Session 1997-98 was used by the petitioner for the session 1996-97 which is a year in advance. There are allegations of the petitioner giving different dates of birth at different places. The petitioner is said to have obtained detailed marks card of B.P.Ed. three years’ course whereas Nagpur University has one year B.P.Ed. course. The petitioner was granted interim bail on 26.3.2010 so as to enable him to satisfy the investigating authorities with regard to the allegations as contained in the FIR registered against him. Learned State counsel has submitted that the petitioner has not been fully co-operating with the investigating authorities and he has earlier threatened the Investigating Officer. The stand of the learned Senior counsel appearing for the petitioner is that the petitioner has not committed any offence and in fact on verification of the record from the Sashtrasant Tukadoji Maharaj Nagpur University, Nagpur, the degree of Bachelor of Physical Education CRM No. M-8593 OF 2010 [5] and the degree of Master of Physical Education; besides, the mark- sheets attached to that degree were found to be correct and genuine as per the information received under the Right to Information Act. It may however be noticed that the other allegations with regard to the petitioner obtaining two degrees in one year and while in service obtaining a degree of a regular course; besides, the circumstances under which while he was working on the post of DPE at SD Senior Secondary School, Jind and obtained a mark-sheet of M.P.Ed. (two years full time) from Nagpur University as also the circumstances that while being a regular student of CR Kisan College, Jind and appearing as a regular student of Kurukshetra University in the same year would require to be gone into and ascertained. It is well-known that in the case of pre-arrest bail, the advantage of having custodial interrogation so as to elicit more and useful information is to be kept in view. Moreover, the exercise of powers to grant pre-arrest bail is somewhat extraordinary in character. In the facts and circumstances, no ground for grant of pre- arrest bail is made out and the Crl. Misc. petition is, accordingly, dismissed. (S.S. SARON) JUDGE September 29, 2010 amit