Point of Law: Offence of cheating and forgery – Grant of bail on imposing conditions.

ORDER :

All these Petitions are being disposed of by this common order, as they arise out of the same FIR and involve similar questions of fact and law.

2. Petitioners have approached this Court invoking provisions of Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), for grant of anticipatory bail, in case FIR No.6 of 2019, dated 21.11.2019, registered under Sections 420, 468, 471, 467 of the Indian Penal Code (hereinafter referred to as ‘IPC’) in Police Station State Vigilance and Anti Corruption Bureau (SV & ACB), Hamirpur, District Hamirpur Himachal Pradesh in pursuance to letter dated 21.3.2017.

3. Status Reports stand filed and record was also made available.

4. As per prosecution, petitioners herein are Ex-servicemen and have been re-employed as Teachers in the Education Department of Himachal Pradesh on the basis of their educational qualification including Degree in Bachelor of Education (B.Ed.)

5. Complaints dated 10.10.2016 were received in Police Station State Vigilance & Anti Corruption Bureau Hamirpur on 21.3.2017 vide letter dated 17.3.2017 from Dharamshala and vide letter dated 18.3.2017 from Mandi which were sent by complainant Surender Kumar Bajaj, resident of Street No.1, Ward No.2, House No. 4/126, Gobind Nagri, Malout- 152107, District Sri-Mukatsar Sahab, Punjab alleging that petitioners and some other co-accused in present case have produced fake degrees and documents with respect to their educational qualification and therefore, they are liable to be prosecuted, punished and removed from service.

6. On the basis of aforesaid complaints, FIR 6 of 2019 has been registered in Police Station and investigation is being carried out.

7. Learned counsel for petitioners submits that earlier in the year 2006 an anonymous complaint was received against petitioners alleging commission of the same offence by them and, at that time, Investigating Officer, on the basis of the said anonymous complaint, had registered an FIR as complainant and carried out investigation. It has been submitted that during the said investigation, the Investigating Officer enquired and interrogated the petitioners as well as University Authorities/employees and, on verification, found that certificates of petitioners were genuine, and therefore, he closed the inquiry and submitted the cancellation report in Court. After due verification and recording statement of complainant, cancellation report was accepted by Magistrate. Therefore, it has been contended that same matter cannot be re-opened now and otherwise also, as already verified and investigated by police, the certificates of petitioners are genuine.

8. Learned Additional Advocate General has submitted that after registration of present FIR, investigation has been undertaken afresh and on enquiry from concerned University, it has been found that not only the certificates, but verification of certificates obtained in previous FIR were not genuine but fake and therefore, not only petitioners but Investigating Officer in previous FIR is also a suspected accused in present case and action has been initiated accordingly and, therefore, it has been submitted that petitioners are not entitled for bail.

9. It has been further submitted that there is sufficient material on record to establish that the certificates of petitioners are not genuine but fake as these certificates have been obtained during continuation of service in Armed Forces and even registration number in College Leaving Certificate and B.Ed. Certificate of one of the petitioners/accused is different, whereas in another case, two certificates having different serial numbers bear one and the same date.

10. It has been submitted by learned counsel for petitioners that for ministerial mistake committed by University staff, genuineness of certificate cannot be doubted and further that serial number of duplicate copy is always different to the original one but date of issue remains the same as per date of iss