IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-130 of 2009 Date of decision: 2nd March, 2009 Balwant Singh Sharma … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikram Singh, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order, two petitions bearing Criminal Misc. No.M-130 of 2009 preferred by Balwant Singh Sharma and Criminal Misc. No.M-2729 of 2009 preferred by Azad Singh, will be decided together. Petitioner Balwant Singh Sharma was posted as Secretary of the Dhamtanshahib Primary Agriculture Credit Services Society Ltd. (hereinafter referred to as, ‘the Society’). It is alleged that the amount of embezzlement is Rs.35,34,789/-. Counsel for the petitioner Balwant Singh Sharma has submitted that petitioner remained posted only for six months and the total embezzlement pertains to six years. Counsel for the petitioner Azad Singh has submitted that he was Auditor of the Society for the year 2002 and thereafter subsequent audits were made by other Auditors. Mr. S.S. Mor, Senior DAG Haryana, on instructions from Harpal Singh ASI, has stated that in fact the amount of embezzlement is Criminal Misc. No. M-130 of 2009 Rs.44.00 lacs and Balwant Singh Sharma is main accused. No serious opposition is coming to grant of bail to Azad Singh petitioner. Accordingly, prayer for bail to petitioner Balwant Singh Sharma is rejected. He is stated to be in custody since 29th December, 2008. He is entitled to bail under Section 437(6) Cr.P.C. If such an application is made, the same shall be considered by the trial Court for grant of bail to Balwant Singh Sharma. However, petitioner Azad Singh, who was Auditor of the Society, is granted bail to the satisfaction of the trial Court. With these observations, above said two petitions are disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 2, 2009 rps 2