Criminal Misc. No.M-4407 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-4407 of 2009 Date of decision: 16.2.2009 Dhanwant Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.R.S.Ghai, Sr.Advocate with Mr.Vipin Ghai, Advocate, for the petitioner. **** SABINA, J. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking pre-arrest bail in FIR No.37 dated 20.12.2008 under Sections 409/120-B of the Indian Penal Code “IPC”- for short), registered at Police Vigilance Bureau, Amritsar. Prosecution story in brief is that the petitioner was required to deposit 20% of the auction money during the year 2007- 08 and 2008-09 of the Shamlat land of village falling in Block Tarsika in the account of Block Samiti as Secretary wages. Total amount for the year 2007-08 came to Rs.18,22,999/- and for the year 2008-09 it came to Rs 2,60,510/- and thereby Rs.44,28,009/- was required to be deposited in the account. However, for the year 2007-08 Rs.4,19,660/- and in the year 2008-09 Rs.7,57,800/- were deposited Criminal Misc. No.M-4407 of 2009 2 in the account of Block Samiti. Hence, an amount of Rs.32,50,549/- had been misappropriated by the petitioner. Further the petitioner had given cash amount of Rs.1,24,000/- in the name of different Panchayat Secretaries as advance for the official works but the said amount had not been spent anywhere nor any bills had been deposited regarding the expenditure of the said amount. The petitioner, by not depositing the income received from Shamlat lands of different village Panchayats in the account of Panchayats, had misappropriated Rs.9,01,000/-. In all the petitioner had embezzled Rs.42,75,549/-. Learned counsel for the petitioner has submitted that the petitioner was not required to account for the amount in question and hence, no case of misappropriation was made out against him. The present case was registered with regard to misappropriation of huge amount of Rs.42,75,549/- from the account of Block Samiti Tarsika. The investigation of the case is at an initial stage. Custodial interrogation of the petitioner might be necessary. Keeping in view the seriousness of offence alleged to have been committed by the petitioner, this petition is dismissed. (SABINA) JUDGE February 16, 2009 anita