CRM-M-26966 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-26966 of 2011 Date of Decision:12.10.2011 Ramesh Batra . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Baldev Singh, Sr. Advocate, with Mr.Sudhir Sharma, Advocate, for the petitioner. Mr.Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.90 dated 21.8.2009 under Sections 409, 420 & 120-B of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Ismailabad, District Kurukshetra. Learned counsel for the petitioner has submitted that there is allegation of withdrawing the amount from Bank on various dates by the cashier Nirmal Parkash (since deceased) with whom the petitioner also connived. The said Nirmal Parkash was taken into custody on 28.8.2009 and had committed suicide by throwing himself before the running bus. The petitioner was asked to join the investigation as witness initially on 23.6.2010 and was ultimately arrested as an accused on 22.6.2011 and challan has been presented. He further submits that out of the alleged amount which has been usurped by the said Nirmal Parkash in connivance of the petitioner nothing has been recovered from him during investigation rather it was found that the amount belonging to Bank was found deposited in the Punjab National Bank, DAV College, Ambala from where brother of Nirmal Parkash withdrew the same. CRM-M-26966 of 2011 - 2 - Learned counsel for the petitioner has further submitted that the petitioner may be negligent in part in discharging his duties as Manager but there is nothing which has been found against him of embezzling the amount of Bank as learned counsel for the State himself has submitted that large amount have been disbursed by the Bank to various persons due to negligence. Keeping in view the facts and circumstances of the case but without making any observations on the merits, the present petition is allowed and petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) OCTOBER 12, 2011 JUDGE Vivek