IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No.1305 of 2008 Date of decision : 1.5.2009. Rahul Kumar …Petitioner. Versus State of Himachal Pradesh . …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No. For the Petitioner : Mr. Virender Singh Chauhan,Advocate. For the Respondent : Mr. R.P.Singh, Assistant, Advocate General. Kuldip Singh, Judge (Oral) This is a petition under Section 439 of Cr.P.C. for releasing the petitioner on bail in FIR No. 37 registered on 25.4.2008 at Police Station, Arki under Sections 406, 409, 420, 467, 468, 471 IPC and Section 13(1) Prevention of Corruption Act, 1988. Heard and perused the status report from police file. 2. The prosecution case, in brief is that a complaint was lodged by Ramesh Kumar, Manager, State Bank of Patiala, Branch Kunihar, to Incharge Police Post, Kunihar stating therein that on 10.3.2008 a bank customer informed that their cheques were returned unpaid while there was sufficient balance in their account. On inquiry, Rahul Kumar, Branch Head Cashier, admitted that he had pocketed the money and on ______________________ 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes. 2 the same day he deposited the amount. Lateron at bank level, it was found that Rahul Kumar had mis-appropriated amount aggregating to Rs. 27,36,389/- out of which Rahul Kumar had deposited Rs. 18,33,389/- and an amount of Rs. 9.03 lac remains unrecovered. Rahul Kumar had admitted in writing having pocketed the amount. On this the case was registered. During investigation, bank record was taken into possession. Rahul Kumar was arrested on 14.5.2008. On completion of investigation, it was found that out of 16 accounts, Rahul Kumar had misappropriated Rs.34,57,867/- and till 12.4.2008 Rahul Kumar had deposited Rs. 19,59,389/-. In all, he misappropriated amount of 11 parties. In addition to above Rahul Kumar had made unauthorized transfers from one account to another account. An amount of Rs. 14,98,478/- is yet to be recovered from Rahul Kumar. The trial has commenced. There were in all 40 prosecution witnesses and out of them 36 have been examined and only four witnesses are left. The next date of hearing in the Court below is fixed on 23.5.2009. 3. The learned counsel for the petitioner has submitted that the petitioner had earlier filed bail application which was dismissed by the learned Sessions Judge on 3.7.2008. Another bail application of the petitioner was dismissed by this Court on 18.7.2008. Thereafter, petitioner filed bail application before the learned Sessions Judge, who again dismissed the bail application of the petitioner on 19.11.2008. The present bail application has been filed on change of circumstance. The permanent address of the petitioner has been verified by the police which is mentioned in the title of the petition and was found to be correct. The petitioner is ready to furnish bail bonds. The petitioner has been falsely implicated in the case. The prosecution evidence is in progress. 4. The bail application has been opposed on the ground that there is no change of circumstance after the dismissal of the bail application 3 by this Court as well as by the learned Sessions Judge on 19.11.2008. In all there were 40 prosecution witnesses and statements of 36 prosecution witnesses have already been recorded. The next date of hearing in the Court below is fixed on 23.5.2009. The case on merits is going to be decided very shortly. The learned Assistant Advocate General has prayed for dismissal of the bail application. 5. I have considered the rival contentions of the learned counsel for the parties. The banks are the trustees of the public money and bank operates through their officers and employees. The petitioner was Head Cashier in State Bank of Patiala, Branch Kunihar. The prosecution case is that he mis-appropriated Rs.34,57,867/- from 16 accounts and thereafter deposited even Rs. 19,59,389/-. Further allegation against him is that he made unauthorized transfers from one account to another account in several cases. The allegations of the prosecution are that the petitioner has committed offence by misappropriating the amount by way of several transactions. The learned counsel for the petitioner has relied on certified copy of the judgment of Supreme Court in Lalu Prasad @ Lalu Prasad yadav Vs. State of Jharkhand in Criminal Appeal No. 1289 of 2001 and Jagannath Mishra Vs. C.B.I. through S.P. (CBI) Ranchi in Criminal appeal No. 1290 of 2001 on the ground that the Supreme Court has released the accused in that case on the ground the accused in that case were in jail for more than six months in connection with the case pertaining from Bihar Fodder Scam. The perusal of judgment dated 14.12.2001 would show that the Supreme Court had released the accused in that case in view of the fact that on 8.5.2001 onwards various accused involved in Bihar Fodder Scam were being released on bail by orders of that Court, if such accused had already been in jail for about six months. In the present case, the situation is not like that. The petitioner is the sole accused and therefore, his case is to be seen independently. The depositors repose confidence in 4 the bank by depositing their money in the bank. The bank officers and employees are expected to come to the expectations of the depositors and to treat public money with utmost care and sincerity. In the present case, the petitioner prima facie has betrayed the confidence of the depositors which they repose in the bank. Out of 40 prosecution witnesses, 36 prosecution witnesses have already been examined. The case is likely to be over on merits very shortly. The verification of the address of the petitioner by the police is no change of circumstance. The petitioner is not entitled to bail. Resultantly, the bail application being Cr. M.P.(M) No.1305 of 2008 is dismissed. 6. The observations made in this order is for disposal of this application only and the same shall not be treated as expression of opinion on the merits of the case. May 1, 2009. ( Kuldip Singh ) (GR) Judge.