Crl. Misc. No. M-30217 of 2010 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-30217 of 2010 DATE OF DECISION: 25.11.2010 Sanjay Kumar ..........Petitioner Versus State of Haryana ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. R.A. Sheoran, Advocate for the petitioner. Mr. S.S. Mor, Sr. DAG, Haryana. Mr. Manjeet Singh, Advocate for the complainant. **** DAYA CHAUDHARY, J. The present petition has been filed on behalf of petitioner- Sanjay Kumar for grant of anticipatory bail in case FIR No. 497 dated 30.7.2010 registered under Sections 419/420 IPC at Police Station City Sirsa, District Sirsa. Notice of motion was issued on 12.10.2010. Admittedly, the petitioner was transferred out of the District on his request and only on the basis of certificate of disability as the post of JBT teacher is of District Cadre. The petitioner took the benefit of transfer to other District. The certificate has been issued by the Chairman, Medical Board. The fact with regard to issuance of certificate was verified from the concerned authorities and it was found that although there was an entry in the record but the doctor, who has alleged to sign the said document, has Crl. Misc. No. M-30217 of 2010 (2) denied his signatures. Learned counsel for the complainant has also shown certain documents which were obtained under RTI Act. The petitioner has been attending classes of Diploma in Education at Bhopal and his attendance was marked there. As per these documents, the petitioner was also attending B.A. Part III classes in Vaish College, Bhiwani which is not practically possible at all as both the places are quite far away. It is also the case of the petitioner that he is resident of Bhiwani and the said certificate has been issued by the authorities of Sirsa which also creates a doubt. Moreover, the petitioner applied in general category and nothing was mentioned with regard to his disability. Counsel for the petitioner has also stated that subsequently the disability was removed by doing certain yoga exercises and also by other medicines. In the present case, the petitioner when applied for the post of JBT teacher applied in general category and no where it was mentioned that he belongs to reserve category or suffering from any disability and he was appointed against the general quota. The certificate of disability was obtained by the petitioner from District Sirsa, whereas, the petitioner belongs to District Bhiwani. The disability certificate was made the basis for transfer outside the District as the post of JBT was of District cadre and only on the basis of that certificate he was transferred out of his cadre. The certificate was sent for verification to the authorities who has issued the same. On verification, it was found that there was an entry in the register maintained by the concerned authority but the signatory of the certificate has refused his signatures on it. The disability was cured subsequently due to certain exercises done by the petitioner and no disability was there, thereafter, reflects the conduct of the petitioner and in such like situation the petitioner does not deserve the concession of bail. The Hon'ble Apex Court in various judgments has held that the Crl. Misc. No. M-30217 of 2010 (3) power under Section 438 Cr.P.C. is of an extraordinary character and must be exercised sparingly and only in exceptional cases. The said power is not unguided or uncanalised but all the limitations imposed in the preceding Section 437 Cr.P.C., are implicit therein and must be read into Section 438 Cr.P.C. as well. In addition to the limitations imposed in Section 437 Cr.P.C., the petitioner must further make out a special case for the exercise of the power to grant anticipatory bail. So, keeping in view the facts and circumstances of the case, seriousness of the offence, conduct of the petitioner and the certificate used by the petitioner, no ground is made out for granting anticipatory bail to the petitioner. Under these circumstances, the present petition for grant of anticipatory bail is hereby dismissed. November 25, 2010 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No