Crl. Misc. No. M- 37361 of 2011(O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 37361 of 2011(O&M) Date of Decision: December 12, 2011 Tarlochan Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr.K.K.Saini, Advocate for the petitioner *** Gurdev Singh, J. This petition under Section 438 Cr.P.C. has been filed by Tarlochan Singh son of Ram Singh, petitioner-accused, for granting him anticipatory bail in FIR No. 138 dated 13.10.2011 registered under Sections 353, 186, 307, 332, 333 and 427 IPC in Police Station City Kharar, District Mohali. He has contended therein that he did not commit any such offence and has been falsely implicated. He was deputed as driver on Canter bearing Registration No. CH 03 R-4665. On the date of occurrence, he was going to his village near Kurali and when he reached on the bridge near Kharar City at about 8.30 p.m., one care make Innova over took his vehicle and the same was being driven rashly and negligently. After that vehicle was brought in front of his canter, the driver thereof applied brakes Crl. Misc. No. M- 37361 of 2011(O&M) -2- as a result of which his canter struck in that car though he tried to control the same. Dalla Masih was siting on the back side of that car and received injuries due to the said accident. When he went to the driver of the car for asking him why he had suddenly applied the brakes, he started beating him and on account of the fear, he escaped from the spot. A false FIR has been got registered against him by concocting the facts. It was on the statement of Chanan Masih, HC, that the present FIR was registered. As per his version, on 13.10.2011, he along with Mohinder Singh, HC and Dalla Masih, HC, was present on duty in bus stand, Kharar, when at about 12.10 a.m., one driver came to him and disclosed that one canter bearing Registration No. CH 03 R-4665 was coming on his back side from the side of Mohali, after causing accident in the area of Mohali with a rickshaw rehri. To stop that canter, a naka was held and when that canter came to the side of that naka, a signal was given by Dalla Masih, HC, to stop the same with the help of a torch. In stead of stopping the canter, the driver of that canter, who was the present petitioner, struck that vehicle in Dalla Masih, HC, with the intention to kill him. As a result of that impact, Dalla Masih fell on the road and received the injuries. Thereafter, this canter was struck in the car make Innova bearing Registration No. DL- 4CAE 1040, thereby damaged that car. I have heard learned counsel for the petitioner. While making his submissions, he tried to contend that the injuries were received by the injured in the manner, mentioned in the petition and not in the manner, mentioned in the FIR, and that in order to cover the lapses of the driver of the car, false case has been made against the petitioner. Counsel for the petitioner has failed to refer to any such Crl. Misc. No. M- 37361 of 2011(O&M) -3- document which may make the stand of the petitioner probable. It is very much clear from the facts, as stated in the FIR, that the petitioner in order to escape from the spot and with the knowledge that the death of the injured may result as striking of the vehicle in him, he struck that vehicle in the injured. Such like persons, who after committing some crime, and thereafter in order to slip away from the spot to avoid their arrest, commit other offences, are not entitled to any leniency. The anticipatory bail can be granted in those case where a false case has been registered or where the purpose of lodging the FIR is more to humiliate, intimidate and insult a particular person than to secure the ends of justice. This is an extra ordinary remedy to be exercised in special circumstances. The facts of the case are such that such a power cannot be invoked. Petition is dismissed accordingly. (GURDEV SINGH) JUDGE December 12, 2011 PARAMJIT