Crl.Misc.No.M-3395 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No.M-3395 of 2009 DATE OF DECISION: 26.02.2009 Raj Kala ...PETITIONER VS. State of Haryana through SHO, PS City Rohtak ...RESPONDENT CORAM: HON'BLE MR. JUSTICE MOHINDER PAL PRESENT: Mr.S.S.Malik, Advocate for for the petitioner. Mr.Gaurav Dhir, Assistant Advocate General, Haryana for the respondent-State. MOHINDER PAL, J.(Oral) As per allegations in the FIR, a three wheeler was seen coming from Jind Bye pass side and the same was stopped by ASI Jai Bhagwan. Two ladies were found sitting on the back seat who disclosed their names as Geeta wife of Jagbir and Meena wife of Ajit resident of Garhi Mohalla, Rohtak. The driver of the three wheeler disclosed his name as Rajbir resident of the same area. From the search of three-wheeler, 1-1/2 quintals aluminum wire was recovered. The accused persons failed to produce any proof regarding their ownership of the said material and, Crl.Misc.No.M-3395 of 2009 2 accordingly, the present case has been registered. Learned counsel for the petitioner has submitted that the petitioner has nothing to do in this case. It is yet to be seen whether the petitioner is innocent or not. The recovery of 1-1/2 quintals aluminum wire is itself a serious offence. The powers under Section 438 of the Code of Criminal Procedure are extra-ordinary in nature and are to be used sparingly in exceptional cases of hardship. No ground is made out for grant of anticipatory bail to the petitioner. Dismissed. February 26, 2009 ( MOHINDER PAL ) jt JUDGE