Cr.M.P.(M) No. 1301 of 2008 16.12.2008 Present: Mr. Vikas Bhardwaj, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Anil Jaswal, Dy. A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for granting pre-arrest bail to the petitioner in FIR No. 200 of 2008 dated 11.12.2008 registered at Police Station, Dharamshala under Sections 409, 420 and 120-B of the Indian Penal Code. The case of the prosecution in nutshell is that Shri Vineet Joshi had floated a finance company under the name and style “Dhanvarsha Forest (India) Limited” with its head office at SCO-95, Sector 40-C, Chandigarh. He was Managing Director of the company. Though it was an Agro Forestry concern, however, it was mainly doing business in banking by inviting investments in various kinds of term deposits, pension schemes etc. The petitioner, according to the prosecution, was the Branch Manager of the Company with its Branch Office, opposite to the New Bus Stand, Kangra. He had been soliciting the investments at Kangra and its surrounding areas. The complainant also invested a sum of Rs. 30,400/- with the company. On maturity, post dated cheques were presented in the bank, which were dishonoured. It later on transpired that the company had closed its office at Chandigarh and Kangra at Dharamshala. The complainant and other similarly situate persons were cheated by the company. Mr. Vikas Bhardwaj has strenuously argued that his client is innocent and has been falsely implicated in this case. His contention that his client is now about 28 years of age and at the time when the deposits/cheques etc. were issued, he was a minor. According to him, minor could not be appointed as Branch Manager and was not competent to receive any investment or issue cheques etc. The learned Senior Additional Advocate General has opposed the bail application. I have heard the learned counsel for the parties and have gone through the report. There is sufficient force in the submissions of Mr. Vikas Bhardwaj that his client was a minor at the time when the company, i.e. “Dhanvarsha Forest (India) Limited” was receiving investments from the public at large and also at the time when the cheques were issued. The version given in the report that the petitioner was a Branch Manager of the company cannot be believed for the simple reason that at the time when the transactions were taking place, he was a minor. What has been attributed against him is that he used to entice the customers to invest in the schemes floated by the company only. I am of the considered opinion that the petitioner has made out a case for his bail. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in the case FIR No. 200 of 2008 dated 11.12.2008 registered at Police Station, Dharamshala under Sections 409, 420 and 120-B of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge, Dharamshala. The petitioner shall not tamper with the prosecution evidence in any manner. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. December 16, 2008. (cr)