CRM.M 28121of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM.M 28121of 2009 Decided on Oct 28,2009. Amarjit Singh Chawla -- Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Bipin Ghai, Sr.Advocate, with Mr.Sandeep Gahlawat,Advocate,for the petitioner Mr.R.S.Rawat,AAG,Punjab. Mr.R.P.Goel,Advocate, for the complainant. Rakesh Kumar Jain, J: This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), for anticipatory bail in case FIR No. 80 dated 05.5.2009, registered under Sections 420,465,467,468,471,477-A, 120-B, 109 IPC, at Police Station, City Kotkapura, District Faridkot. In nutshell, the allegations against the petitioner are of misappropriation and embezzlement of a sum of Rs.2,85,19,099/- from Punjab and Sink Bank, Kotkapura, by its staff and officers. Before coming to this Court, the petitioner had applied for CRM.M 28121of 2009 2 anticipatory bail before the Court of learned Sessions Judge, Faridkot, which has been dismissed vide his order dated 24.9.2009. Learned counsel for the petitioner has, inter-alia, contended that the petitioner was posted as Senior Manager in the Punjab and Sind Bank Branch at Kotkapura w.e.f. 09.8.2001 to 06.5.2004. The alleged fraud has been committed by Surjit Singh son of Labh Singh, who has been posted as Rural Development Officer in the said Branch and is now on bail. It is also submitted that at the most, it could be the case of irregularity but not the case of embezzlement on the part of the petitioner. I have heard learned counsel for the parties and after perusing the record with their assistance, have found that the present FIR has been registered at the instance of J.S.Kochhar, the then Branch Manager. Initially, the FIR was registered with regard to a sum of Rs.10,58,000/-which was later on converted to Rs.2,85,19,099/- after the investigation was carried out by the Bank. During the tenure of the present petitioner, fraud to the tune of Rs.52,60,725/- is alleged to have been committed and a large number of vouchers have been found missing from the record. Daily vouchers have not even been approved by the petitioner. Balances of loans have never been compared with general ledger by him which is the cause for commission of fraud. Moreover, no recovery has been shown and the bail application of co-accused J.S.Kochhar has already been dismissed by this Court vide order dated 24.10.2009 passed in CRM-M 16581 of 2009. In view of the above, I find that it is case of embezzlement CRM.M 28121of 2009 3 of huge public funds in which the officers of the bank are directly named and involved. Hence, I do not find it to be a case where this Court could grant exceptional relief of anticipatory bail to the present petitioner. Therefore, the bail petition is hereby dismissed. It is, however, made clear that nothing observed herein shall be construed as an expression of opinion on the merit of the case. Oct 28,2009 (Rakesh Kumar Jain) RR Judge