Crl. Misc. No.15360 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.15360 of 2010 (O&M) Date of decision: August 24, 2010. Gurdev Singh ...Petitioner(s) v. State of Punjab & Anr. ...Respondent(s) Present: Shri Ranjit Sharma, Advocate, for the petitioner. S.S. Saron, J. (Oral): Crl. Misc. No.43157 & 43158 of 2010 The statement of Mukhtiar Singh s/o Banta Singh attached with the Crl. Misc. is taken on record, subject to just exceptions. The Crl. Misc. application stands disposed of. Crl. Misc. No.M-15360 of 2010 The petition has been filed under Section 439(2) Cr.P.C., for cancellation of bail granted to Bachittar Singh @ Tony (respondent No.2) vide order dated 1.2.2005 (Annexure P-2) passed by the learned Additional Sessions Judge, Amritsar whereby bail has been granted in case FIR No.80 dated 28.9.2004, registered at Police Station Harike, for the offences under Sections 326, 325, 323, 324, 452, 148 and 149 IPC. The FIR in the case has been recorded on the statement of Mukhtiar Singh against Gurdev Singh (petitioner) and Bagicha Singh and others. The cross case has been Crl. Misc. No.15360 of 2010 -: 2 :- registered on the statement of Gurdev Singh (Petitioner) against Mukhtiar Singh son of Banta Singh and Bachittar Singh @ Tony @ Baljinder Singh (respondent No.2) for the offences, as mentioned above. In the cross case, Bachittar Singh @ Tony (respondent No.2) was granted the concession of bail by the learned Additional Sessions Judge, Amritsar, vide order dated 1.2.2005 (Annexure P-2). According to learned counsel for the petitioner, accused Bachittar Singh (respondent No.2) applied for bail in the Court of learned Additional Sessions Judge, Amritsar and he gave his name as Bachittar singh @ Tony @ Baljinder Singh son of Mukhtiar Singh, whereas his real name is Bachittar Singh. The brother of Bachittar Singh, namely, Baljinder Singh is serving in the army and he had used the matriculation certificate of his real brother, i.e., Bachittar Singh. Therefore, it is submitted that Bachittar Singh (respondent No.2) committed fraud and cheated the Government. Baljinder Singh in fact had failed in his matriculation examination in the year 1995, whereas Bachittar Singh (respondent no.2) had appeared in the matriculation examination conducted by the Punjab School Education Board, Mohali and he passed in the said matriculation examination. Thereafter, Baljinder Singh had got himself enrolled in the army on the basis of the matriculation certificate of his brother Bachittar Singh. In order to cover up the said fraud, Bachittar Singh and Baljinder Singh got published a notice in the newspaper wherein they changed their names, viz, Bachittar Singh changed his name as Baljinder Singh and Baljinder Singh changed his name as Bachittar Singh. A copy of the notice (Annexure P-3) as published in the newspaper, has been placed on record. Reference is also made to the statement (Annexure P-7) of Mukhtiar Singh. Crl. Misc. No.15360 of 2010 -: 3 :- Therefore, it is submitted that the bail granted to respondent No.2 is liable to be dismissed. I have given my thoughtful consideration to the matter. Respondent No.2 was granted the concession of bail vide order dated 1.2.2005 (Annexure P-2). In case, there is any fraud comitted, the petitioner may, if so advised, initiate appropriate proceedings against the culprits who are responsible for the same. However, the bail granted to respondent No.2 on the merits of the case on 1.2.2005 is not liable to be cancelled at this stage. Rejection of bail is on one footing and cancellation thereof is a harsh order, because it affects and takes away the liberty of an individual. Therefore, the process of cancellation of bail is not liable to be resorted to. It is primarily when an accused, to whom bail has been granted, tries to interfere with the due course of justice or attempts to tamper with the evidence or influence the witnesses or threatens them or indulges in similar activities, which may hamper the course of fair trial, that the bail granted to him, is liable to be cancelled. No such circumstances has been shown in respect of the bail that has been granted. In the circumstances, the present petition, seeking cancellation of bail, is dismissed. However, the petitioner may, if so advised, seek his other remedies, as may be available to him in law, in respect of the fraud, that is alleged to have been been committed byBachittar Singh and Baljinder Singh. [ S.S. Saron ] August 24, 2010. Judge kadyan