Crl. Misc. No. M-4841 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4841 of 2010 Date of Decision: 18.02.2010 Surinder Singh son of Jai Pal Singh Dalal, SPL-173, Haryana Roadways, Ambala Depot Ambala, r/o 1001/24, Arya Nagar, Hansi, District Hisar. ... Petitioner Versus State of Haryana. ...Respondent CORAM: HON'BLE MR. JUSTICE SHAM SUNDER Present: Mr. H.N. Sahu, Advocate, for the petitioner. SHAM SUNDER, J. This petition, under Section 438 Cr.P.C., for the grant of anticipatory bail, has been filed by the accused-petitioner, in case FIR No. 294, dated 23.12.09, under Sections 120-B, 409, 420, 467, and 471 IPC, Police Station Baldev Nagar, District Ambala. 2. I have heard the Counsel for the accused-petitioner, and have gone through the record of the case, carefully. 3. The Counsel for the petitioner, submitted that the petitioner being Conductor, did not counterfeit the passenger tickets. He further submitted that the petitioner was only found in possession of the Crl. Misc. No. M-4841 of 2010 2 original passenger tickets. He further submitted that the petitioner, did not connive with any gang, in allegedly counterfeiting the passenger tickets, and selling the same. Instead he was found in possession of the original passenger tickets, issued by the department. He further submitted that the petitioner, did not embezzle any amount of the sale proceeds of the said tickets. He further submitted that the petitioner, has been falsely implicated, in the instant case. 4. After giving my thoughtful consideration, to the contentions, raised by the Counsel for the accused-petitioner, in my considered opinion, the petition, is liable to be dismissed, for the reasons, to be recorded, hereinafter. According to the allegations, 31 passenger tickets of Rs. 50/- each and 75 passenger tickets of Rs. 30/- each, were found, in the booking branch, by Krishan Chand, Sub Inspector, on 18.12.09. On checking the record, it was found that the passenger tickets of said numbers were issued, to Surinder Singh, Conductor, on 08.11.09. The passenger tickets, so found were handed over to the Traffic Manager. When the bus, in which, the petitioner was Conductor and to whom the passenger tickets, had been issued, was checked, at Rajpura, 54 original passenger tickets of Rs. 50/- each and 38 passenger tickets of Rs. 30/- each, bearing the same numbers, were found sold, by the accused-petitioner, whereas, on 20.12.09, he had sold total 30 passenger tickets. It was further detected that the accused-petitioner, Crl. Misc. No. M-4841 of 2010 3 was also found in possession of the excess cash of Rs. 368/-. During investigation, less passenger tickets of Rs. 30/- and Rs. 50/-, were found to have been sold by the petitioner, in comparison to his other colleagues, on the same route, from 01.12.09 to 21.12.09. It appears that, there is a big gang, indulging into counterfeiting the passenger tickets of the Roadways, and selling the same. Such a big scam, can only be unearthed, and truth unravelled, if proper investigation, is conducted. The accused-petitioner, is allegedly a member of such a big gang. The custodial interrogation of the accused-petitioner, is eminently required, with a view to unearth the scam; to know the names of his co-accused, involved in the scam; to ascertain the amount so far embezzled by selling the counterfeit tickets; the period since when the counterfeit passenger tickets are being sold; and the mode and manner, in which, the alleged offences, were committed. The investigation, is at the preliminary stage. The very investigation, shall be hampered and impeded, in case, the accused-petitioner, is released on anticipatory bail. Even otherwise, anticipatory bail is an extra-ordinary remedy, which can be invoked, in exceptional circumstances. This case does not present any exceptional circumstance, warranting the grant of anticipatory bail. Keeping in view the seriousness of allegations; and the attending circumstances, in which the alleged offences, were committed, no ground, whatsoever, is made out, for the acceptance of Criminal Misc. No. M-4841 of 2010, and the same deserves to be dismissed. Crl. Misc. No. M-4841 of 2010 4 5. For the reasons recorded above, Criminal Misc. No. M- 4841 of 2010, is dismissed. Any observation made, in this order, shall not be taken, as an expression of mind, on merits of the case. 18.02.2010 (SHAM SUNDER) Amodh JUDGE