IN THE SUPREME COURT OF INDIA

CRIMIINAL  APPELLATE JURISDICTION

CRIMINAL  APPEAL  NO. 760  OF 2008

[Arising out of SLP(Crl.) No.3828/2007]

SHIV KUMAR ... APPELLANT(S) :VERSUS:

STATE OF HARYANA ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel appearing on behalf of the appellant and

the learned counsel appearing for the State, even assuming that  prima facie a case has

been made out for proceeding against the appellant for committing forgery in respect

of his 10+2 examinations, keeping in view the fact that the same was done in the year

1990 and the First Information Report has been lodged in 2006, we are of the opinion

that it is not a case where the pre-arrest bail granted in favour of the appellant should

have been cancelled. We, therefore, in supersession of the order passed by the High

Court, direct that the appellant in the event of his arrest and/or surrender, shall be

released on bail on furnishing bail bond for Rs.10,000/- with two sureties each of the

like amount, to the satisfaction of the Trial Court, subject to  the  condition  that the

appellant as and when

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directed to do so by the Investigating Officer, shall make himself available before the

Investigating Officer and shall cooperate with the investigation till a charge-sheet is

filed. The appeal is disposed of with the aforementioned observation and direction.

..........................J (S.B. SINHA)

..........................J   (LOKESHWAR SINGH PANTA)    NEW DELHI, APRIL 28, 2008.