1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 5300/2009 Kailash Chand Sharma vs. State of Rajasthan Dated : 10.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. R.K. Jain, for the petitioner. Mr. Tej Prakash, Special Public Prosecutor for CBI. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. R.K. Jain Advocate on behalf of the applicant Kailash Chand Sharma pertaining to F.I.R.-R.C. No. JAI/2007/A/0020 registered at SPE:CBI, Jaipur in the offences under Sections 409, 420, 477-A of IPC and under Section 13(2) read with Section 13(1)(d) of PC Act, 1988. 2. Heard the learned counsel for the petitioner as also the learned Special Public Prosecutor appearing for the CBI and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been in custody since 03.06.2009. While taking me through the statements of one Gopal Prasad Gupta, he has contended that the amount of Rs. 15 lakhs is found to be sent by Gopal Prasad Gupta but it never reached to the petitioner. Albeit, it has been credited in the account of petitioner Kailash Chand Sharma. The record of this case is voluminous and the trial of the case is likely to take time. The petitioner is the only bread earner in the family, hence, he may be granted indulgence of bail. 4. Learned Special Public Prosecutor appearing for CBI has opposed the bail petition on the ground that the petitioner has criminally misappropriated an amount of Rs. 17,19,158/-. He 2 is alleged to have been involved in the offences under Sections 409, 420 and 477-A of IPC and Section 13(2) read with Section 13(1)(d) of of Prevention of Corruption Act, 1988. A huge amount has been criminally misappropriated, as such, the bail petition should be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I without expressing any opinion on the merits of the case, but keeping in view the amount of embezzled money involved in the case, do not deem it just and proper to grant any bail to the petitioner which deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Kailash Chand Sharma stands dismissed. (MAHESH BHAGWATI)J. Mak/- 45