Crl. Misc. No.M-21656 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-21656 of 2011 (O&M) Date of Decision: 14.09.2011 Narender Saini ..... Petitioner Versus State of Haryana ..... Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Kunal Dawar, Advocate with Mr. Sandeep Aneja, Advocate, for the petitioner. Ms. Shalini Attri, DAG, Haryana. Mr. Ashish Aggarwal, Advocate, for the complainant. M.M.S. BEDI, J. Petitioner is alleged to have misappropriated the amount handed over by the complainant to him for investment in Religare Branch Office. Counsel for the petitioner has contended that the petitioner had been, under Power of Attorney executed in his favour by the complainants had been getting profits from the share market to the complainants but subsequently with the down fall in the market on account of recession in the share market, the complainants have started levelling allegations that the petitioner and his brother has embezzled the money given to them for investment. Counsel for the complainant has contended that as a matter of fact, the petitioner has misappropriated the amount by forging the Power of Attorney and that report has been sought from the Forensic Science Crl. Misc. No.M-21656 of 2011 (O&M) -2- Laboratory. I have considered the facts and circumstances of this case. Without expression of any opinion on the merits of the case, it is sufficient to observe that the challan has already been presented in the case and it will be debatable during trial whether the petitioner had misappropriated the amount entrusted to him on the basis of forged documents. The complainants seem to have other remedy available to them to seek refund and compensation of the amount which has allegedly been misappropriated. Without going into the minute details, the petitioner can be granted concession of bail solely on the ground that he has been in custody w.e.f. 21.05.2011. The trial is likely to take a long time. The petition is allowed. It is ordered that petitioner will be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court subject to an additional condition that petitioner will not leave India without the permission of the Court and will deposit his passport with the trial Court and in case he does not possess one, he will furnish an affidavit to that effect. (M.M.S. BEDI) 14.09.2011 JUDGE manju