1 S.B. Cr. Bail Application No. 1323/2008 (Parmanand Pushkarna Vs. State of Rajasthan) Date of order : 02.04.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Sandeep Mehta for the petitioner. Mr. Ashok Upadhyay, P.P. Mr. Ramesh Purohit for the complainant. Heard learned counsel for the petitioners and public prosecutor for the State as also counsel appearing for the complainant. Perused the order impugned. It is contended by learned counsel for the petitioner that the petitioner has lodged a first information report against Lalit Choudhary and two others being FIR No.16/08 dated 4.3.2008 Police Station, Mandar, district Sirohi alleging therein that he was wrongfully confined and certain papers were got signed from him. Learned public prosecutor opposing the bail application contended that the petitioner was an employee of the Petroleum Outlet of the complainant Lalit Choudhary and he was entrusted with certain cheques as he was dealing with the bank 2 for payment to the petroleum company etc. and he has misappropriated some of the cheques, numbers of which have been given in the FIR and the statement as also there is allegation that for about a sum of Rs. 8,00,000/- there is misappropriation, however, the complainant stated that it can be more but at least Rs. 8,00,000/- has been accounted and remaining is being accounted to ascertain what the actual amount misappropriated. Some of the employees of the petroleum company also made similar statement. Statements of bank employees have also been recorded during investigation. The statements are prima-facie indicative of the offence alleged. In the circumstances, therefore, in my view, it is not a fit case to grant anticipatory bail to the petitioner, on the contrary, in such matters custodial interrogation including recovery of cheques is necessary. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp