IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 32704 of 2008 (O&M) Date of decision : January 16, 2009 Balbir Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. AK Kalsy, Advocate for the petitioner Mr. KD Sachdeva, DAG Punjab Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.234 dated 6.11.2008 under sections 406, 420, 467, 468, 471, 120-B IPC registered at Police Station Sadar Ludhiana. Here in the instant case, the petitioner is shown to have been working as Mess Accountant of Guru Nanak Dev Engineering College, Ludhiana and he acted in such a way that he did not allow any body to know about the embezzlement which is to the tune of Rs 22,98,631/- collected from the students. It could be revealed only after the audit was conducted on 8.8.2007. The contention of learned counsel for the petitioner is that, in fact, the petitioner is 6th class pass and he was never appointed as an Accountant. However, learned State counsel has shown the salary Criminal Misc. -M No. 32704 of 2008 (O&M) -2- bills/receipts wherein the petitioner has signed in English admitting himself to be Mess Accountant. Be that as it may, taking into consideration the huge amount alleged to have been embezzled by him, the custodial interrogation is required. It is well settled that the provisions under section 438 of the Code of Criminal Procedure are to be invoked sparingly and in exceptional circumstances which are lacking in this case. Hence no ground for granting anticipatory bail is made out. Criminal Misc. is dismissed. ( Pritam Pal ) January 16, 2009 Judge 'dalbir'