IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Crl. Misc. No. M- 12872 of 2010(O&M) Date of Decision: May 28, 2010. Kulwinder Singh ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) 2. Crl. Misc. No. M- 12982 of 2010(O&M) Anand Kumar Kulsheshtha ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Sumeet Goel, Advocate for the petitioner in Crl.M.No.M-12872 of 2010 Mr. Achin Gupta, Advocate for the petitioner in Crl.M.No.M-12982 of 2010 Mr. Gaurav Garg Dhuriwala, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) This order will dispose of both the aforementioned petitions filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR CRM No.M-12872 of 2010 No.188 dated 11.03.2010, under Sections 420/467/468/471/120-B IPC, registered at Police Station Kotwali Bathinda, District Bathinda. I have heard learned counsel for the parties and have gone through the whole record. It has been argued by learned counsel for the petitioner-accused, Anand Kumar Kulsheshtha, that no role has been attributed to him and that he has been arrayed as an accused only because he was the principal of the institution. It is further contended that he was not responsible for conducting the examination and that, in fact, Kulwinder Singh was the Superintendent of the examination centre. It has been argued by learned counsel for the petitioner-accused, Kulwinder Singh, that no money was allegedly paid to him directly and however, the same was paid to Karamjit Singh, Deputy Superintendent and petitioner has been falsely implicated in this case. Bail applications of the petitioners – accused have been opposed by learned State counsel on the plea that there are allegations of specific demand of Rs.2,000/- by both the petitioners – accused alongwith Karamjit Singh, Deputy Superintendent from the complainant who was a student of ITI, Bathinda. Further allegations are that complainant brought this fact to the notice of management of the Institution i.e. Chairman but no action was taken against the said accused persons. Further allegations are that complainant paid Rs.1000/- to Karamjit Singh, Deputy Superintendent in the presence of Kulwinder Singh applicant and that money was handed over by Karamjit Singh to Kulwinder Singh and however, the present petitioners- accused were not satisfied with the said amount and hence, his answer sheets 2 CRM No.M-12872 of 2010 were tampered with. There also allegations that his brother Sunil Kumar was declared fail as his answer sheet was also changed. I have considered all the facts and circumstances of the case. Custodial interrogation of the petitioners – accused is necessary to unearth the scandal in the institution. The petitioners-accused have tried to spoil the academic career of the students including the complainant. Hence, they are not entitled for extra-ordinary relief of anticipatory bail. Hence, keeping in view these facts and without expressing any opinion on the merit of the case, the instant applications for anticipatory bail filed by Kulwinder Singh and Anand Kumar Kulsheshtha are, hereby, dismissed being devoid of merit. ( RAM CHAND GUPTA ) May 28, 2010. JUDGE 'om' 3