IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-26135 of 2009 Date of decision : October 06, 2009 Mahender Kumar ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vivek Khatri, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Mahender Kumar has filed this petition for anticipatory bail in case FIR No. 9 dated 14.2.2009 under sections 409, 420, 467, 468, 471, 120-B IPC, Police Station SVB Hisar. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, Municipal Council, Hissar invited tenders for 26 works but allotted 43 works. The petitioner applied for three works as contractor. Earnest money for submitting the tender was to be deposited either in cash or by pay order. However, the petitioner deposited earnest money for one tender in cash and gave compound cheque dated 19.9.2006 for the remaining two tenders. Criminal Misc. No. M-26135 of 2009 -2- Learned counsel for the petitioner vehemently contended that President of the Municipal Council and Suresh Kumar, JE are the main culprits according to the allegations in the FIR. However, learned State counsel, on instructions from DSP Het Ram, contended that the petitioner opened bank account on 29.9.2006 and cheque book was issued to him on 5.10.2006 and it would show that the cheque dated 19.9.2006 submitted by the petitioner for two tenders was ante-dated cheque given on or after 5.10.2006. In view of the aforesaid, the petitioner does not deserve the concession of anticipatory bail. The petition is accordingly dismissed but without meaning to express any opinion on merits. ( L.N. Mittal ) October 06, 2009 Judge 'dalbir'