Criminal Misc. No.M- 36478 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 36478 of 2009 (O&M) Date of decision: 4.8.2010 Shyju Mathew ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Sameer Sachdev, Advocate, for the petitioner. Ms.Rajni Gupta, Addl.A.G.Punjab. Mr.D.S.Nehra, Advocate, for the complainant. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 98 dated 25.8.2009 under Section 379 and Sections 407/ 408/ 120-B (added later on) of the Indian Penal Code, registered at Police Station Nangal, District Rupnagar. The contents of the FIR, as reproduced in para No.2 of the petition, read as under:- “This is further to our letter Ref. No.PACL: HRD: 2009/201 dated 13.4.2009 on the subject cited Criminal Misc. No.M- 36478 of 2009 (O&M) 2 above, it is submitted that in view of the orders dated 6.4.2009 of the Hon'ble Court of Addl.Distt. Judge, Rohini Court, Delhi in the civil suit No.997/09 titled Citicorp Finance (India) Ltd. vs. Kuldeep Singh and Anr.(Copy enclosed) and discussion held with your goodself on 24.4.2009, vehicle (Lorry Tanker) Regd. No.HR38H-2984 bearing Engine No.20J62240420, Chassis No.626010JXZ119178 was handed over in empty condition to Sh.Rohit Aggarwal, Receiver appointed by the court of Sh.Vijay Kumar Dahiya, Addl.Distt. Judge, Rohini Courts, Delhi on 24.4.2009. However, before giving the said vehicle in empty condition to the Receiver as above, the material (Furnace Oil) was down loaded from the vehicle upon which it would found that there was heavy material loss to this company as the same had been pilfered/stolen during transportation by the transporter i.e. M/s R.K.Roadlines (Regd.) New Delhi with malafide intentions, the details as under: 1) Quantity of Furnace Oil as per Invoice No.627319549 dated 26.8.2008 (copy enclosed) (GR No.279 dated 26.8.2008 of M/s R.K.Roadlines (Regd.) New Delhi= 15MT (16KL) 11) Actual quantity of Furnace Oil received after down loading the material on 24.4.2009 – 6035 litres. From the above it is clear that the party have delivered only Criminal Misc. No.M- 36478 of 2009 (O&M) 3 6053 KL Furnace Oil at out end against the actual quantity of 16KL thus stealing the remaining 9965 litres (approx.) of material during transportation by adulterating the same with water. This amounts to the theft of our material i.e. Furnace Oil by the said transporter and his driver/agent deliberately, causing heavy loss to this company. The above details are submitted for your kind information, record and with a request to register FIR against M/s R.K.Roadlines (Regd.) New Delhi and his driver/agent for pilferage/theft of our material through adulteration with water during transportation of the same.” After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. Although the petitioner has joined investigation but the learned State counsel has submitted that the custodial interrogation of the petitioner is necessary Keeping in view the seriousness of offence alleged to have been committed by the petitioner, no ground for grant of anticipatory bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE August 04, 2010 anita