In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.23316 of 2008 Date of decision: 3.2.2009 Jagdev Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Brar, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Jagdev Singh under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 19 dated 13.3.2008, under Sections 409, 420 of the Indian Penal Code, registered at Police Station Chamkaur Sahib. Prosecution story, in brief, is that the petitioner, who was the Plinth Incharge, had misappropriated 4428.51 (approximately) quintals of wheat. Learned counsel for the petitioner has submitted that as per the FIR there was 10% shortage in the stock and as per the guidelines laid down by the Markfed Chandigarh (food grain Branch), Criminal Misc. No.23316 of 2008 -2- where the shortages were upto 10% a lenient view is to be taken. Learned State counsel, on the other hand, has opposed the petition. The petitioner is in custody since May, 2008. So far only two witnesses have been examined at the trial. The fact that whether a lenient view could be taken in this case with regard to the shortage of 10% would more appropriately be gone into and considered during trial Accordingly, without expressing any opinion on the merits of the case and keeping in view the period of custody undergone by the petitioner, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Rupnagar. (SABINA) February 03, 2009 JUDGE anita