Mr. Naresh Kumar Sanghi, J.: - Prayer in this petition is for grant of anticipatory bail to the petitioners, Jagmeet Singh and Jaspinder Pal Singh, who have been booked for having committed the offences punishable under Sections 419, 420, 465, and 468, IPC, and Sections 66 and 66-D of the Information Technology Act, 2000, in a case arising out of FIR No.4, dated 05.03.2013, registered with Punjab State Cyber Crime, Police Station, SAS Nagar, Mohali.

2. The petitioners had taken their exams on 14th and 15th July, 2012 for the post of Junior Engineer in the department of Punjab State Power Corporation Limited. During the examination time, the petitioners alleged to have received messages on their mobile phones with regard to the answers of the questions appeared in the question paper.

3. Learned counsel contends that there is no script of the messages alleged to have been received by the petitioners; that after about 08 months taking of the examination, the FIR was registered and the petitioners have already cleared the test taken by them in July, 2012, however, Punjab State Power Corporation Limited later cancelled the test; and that in compliance of the order dated 26.04.2013 passed by this Court, the petitioners did join the investigation and co-operated with the Investigating Agency.

4. Learned counsel for the State, on instructions from Inspector Bahadur Singh, fairly concedes that the petitioners did join the investigation but petitioner No.2 has not handed over the SIM card used at the relevant time by him in his mobile, therefore, the prayer of petitioner No.2 for grant of anticipatory bail to him, be rejected.

5. Heard.

6. The alleged examination were taken by the petitioners in the month of July, 2012. It has not emerged on the file as to what were the contents of the short messages received by them on their respective mobile. The applicability of the offences for which the petitioners have been booked is still to be established. The petitioners have already joined the investigation, therefore, keeping in view the totality of the facts and circumstances of the case, the present petition is allowed and the order dated 26.04.2013 whereby the ad-interim anticipatory bail was granted to the petitioners, is made absolute.

7. The petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

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