Crl.M.No.M-27581 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-27581 of 2010 (O&M) Date of Decision:September 27, 2010 Davinder Kaur .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Surinder Gandhi, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.50372 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.50371 of 2010 Requests for placing on record Annexure P1. Application is allowed. Annexure P1 is taken on record. Application stands disposed of accordingly. Crl.M.No.49204 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-27581 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.114, dated 26.5.2010, under Sections 201, 406, 420, 120-B IPC, registered at Police Station Jagraon, District Ludhiana. I have heard learned counsel for the petitioner and have gone through the whole record carefully. This is the second application for anticipatory bail filed on behalf of the petitioner. Earlier application filed on behalf of the petitioner was dismissed by this court vide a detailed order dated 6.9.2010. It has been contended by learned counsel for the petitioner that Crl.M.No.M-27581 of 2010 (O&M) -2- fresh enquiry was conducted by Inspector, Economic Wing, in which petitioner was found innocent. However, earlier FIR was registered on the basis of enquiry conducted by Deputy Superintendent of Police. Brief allegations against the petitioner are that she and her husband were taken as members of the Trust, i.e., Baba Nand Singh Ji Memorial Trust (Registered) Jagraon, to manage the affairs of the Trust. Husband of petitioner accused was to pay an amount of Rs.27 lacs to the Trust but he paid only Rs.5 lacs and had given two cheques amounting to Rs.15 lacs and Rs.7 lacs. However, the said cheques were dishonoured. The meeting of the members of the Trust was called to expel the petitioner and her husband from the Trust. It came during investigation that during financial years 2007- 08, 2008-09 and 2009-10, Jeewan Jot Nursing Institute, run by the Trust had a total income of Rs.1,21,90,000/- as a fee calculated from the students, whereas only 36 lacs were the expenses of the said Institute during the said period. However, it came during investigation that the present petitioner and her husband failed to account for the balance amount of Rs.85,90,000/- and hence they misappropriated the funds. Merely, on the ground that in another enquiry conducted by the Inspector, it was found that the complainant and other members also committed some offences, it cannot be said that petitioner is entitled for anticipatory bail on the same facts, on which the earlier anticipatory bail application was dismissed. Rather, on these facts, custodial interrogation of the petitioner-accused is necessary. It is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Davinder Kaur for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 27.9.2010 (Ram Chand Gupta) meenu Judge