CRM-M-25831 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-25831 of 2009 DATE OF DECISION: 12.11.2009 **** Arpinder Singh Sehgal . . . . Petitioner VS. State of Punjab through Advocate General, Punjab, Chandigarh . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.R.S.Cheema, Sr. Advocate with Mr.R.K. Trikha, Advocate for the petitioner. Mr.R.S. Rawat, AAG, Punjab. Mr.R.P. Goyal, Advocate for the complainant. **** RAKESH KUMAR JAIN J. This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.) for grant of regular bail in case registered vide FIR No.80 dated 5.5.2009, under Sections 420, 465, 467, 468, 471, 477-A, 120-B of the Indian Penal Code (45 of 1860) (for short ‘IPC’) at Police Station, City, Kotkapura. In this case, the allegations are against the staff and senior officers of the Punjab and Sind Bank, Kotkapura of swindling an amount of Rs.2,85,19,099/-. Learned counsel for the petitioner has, inter alia, argued that petitioner is in custody since 17.8.2009. The main accused, Surjit Singh, Rural Development Officer (in short ‘RDO’), has already been enlarged on regular bail. The challan has been presented qua the petitioner, who has been falsely implicated in this case as the lapse on the part of the petitioner could at the most be of an irregularity and not of embezzlement. On the other hand, learned counsel for the State assisted by learned counsel for the Bank has submitted that petitioner was holding the post of Chief Manager in the Bank, who was hand in glove with Surjit Singh, RDO, who did not get the benefit of bail on merit but under Section 167 (2) Cr.P.C. Further Sh. A.S. Chawla, Senior Manager, remained on the post from 9.8.2001 to 6.5.2004. During his tenure, an amount of approximately Rs.53 lacs were CRM-M-25831 of 2009 - 2 - embezzled The petitioner took over the charge after him and remained on the post of Chief Manager from 6.5.2004 to 12.8.2006. During his tenure, the embezzled amount swelled to Rs.2,07,33,267/-. He was succeeded by Jagmohan Kochar from 12.8.2006 to 21.5.2009 and the amount further increased to Rs.3,39,82,854/-. It is further submitted that AS Chawla, Chief Manager, and Jagmohan Kochar, Chief Manager had applied for anticipatory bail before this Court without any success. Further the investigation is still on and four cashiers of the Bank, who have surrendered are on police remand. There is no recovery so far of a single penny of the embezzled amount and the respondents have shown their concern that the petitioner may not win over the witnesses after having been released on bail at this stage. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, I do not find it to be a fit case for grant of bail to the petitioner at this stage and hence the present bail application is hereby dismissed. However, nothing observed therein above shall be construed to be an expression of opinion on the merits of the case. (RAKESH KUMAR JAIN) NOVEMBER 12, 2009 JUDGE vivek