Crl.M.No.M-19126 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1. Crl.M.No.M-19126 of 2010 (O&M) Baldev Singh .....Petitioner v. State of Punjab .....Respondent 2. Crl.M.No.M-21281 of 2010 (O&M) Davinder Kaur .....Petitioner v. State of Punjab .....Respondent Date of decision: September 6, 2010 CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.O.P.Kamboj, Advocate for the petitioners. Mr.K.D.Sachdeva, Addl.A.G., Punjab. Mr.Kunal Singh, Advocate for the complainant. ...... RAM CHAND GUPTA, J.(Oral) This order will dispose of both the aforementioned petitions bearing Crl.M.Nos.19126 and 21281 of 2010, filed by petitioners Baldev Singh and Davinder Kaur respectively, under Section 438 Cr.P.C. for grant of anticipatory bail to them in case FIR No.114, dated 26.5.2010, under Sections 201, 406, 420, 120-B IPC, registered at Police Station Jagraon, District Ludhiana. I have heard learned counsel for the parties and have gone through the whole record carefully. Complainant Parminder Singh is Chairman of Baba Nand Singh Crl.M.No.M-19126 of 2010 (O&M) -2- Ji Memorial Trust (Registered) Jagraon, created in the year 2001, with 11 persons as trustees. Both the petitioners were taken as Members of the Trust and they were included in the eight members Committee of the Trust to manage the affairs of the Trust. Petitioner- Baldev Singh was to pay an amount of Rs.27 lacs to the Trust but he paid only Rs.5 lacs and gave two cheques amounting to Rs.15 lacs and Rs.7 lacs respectively, and however, both the cheques were dishonoured. Hence, allegations are that petitioner- Baldev Singh was having dishonest intention from the very beginning when he was enrolled as a Member. The meeting of the Trust was called and the Members were of the view that petitioner-Baldev Singh is trying to usurp the Trust and hence both the petitioners were expelled from the Eight Members Committee of the Trust and they were also dismissed from the primary Membership of the Trust vide Resolution No.20, dated 1.2.2010. During this period, petitioner-Baldev Singh remained General Secretary, whereas petitioner-Davinder Kaur remained Treasurer. They used to manage the accounts of `Jeewan Jot Nursing Institute' run by the Trust. It came during investigation that during financial years 2007-08, 2008-09 and 2009-10, Jeewan Jot Nursing Institute had a total income of Rs.1,21,90,000/- as a fee calculated from the students, whereas only 36 lacs were the expenses of the said Institute during the said period. However, it came during the investigation that both the petitioners failed to account for the balance amount of Rs.85,90,000/-, which they criminally misappropriated. It has been contended by learned counsel for the petitioners that dispute is only civil in nature and that two civil suits are also pending between the parties. However, applications for anticipatory bails have been vehemently opposed by learned State counsel on the ground that petitioners have misappropriated an amount of Rs.85,90,000/- of the Trust and hence, their custodial interrogation is necessary. I have considered all the facts of the case. There are serious allegations against the petitioners-accused. They have allegedly misappropriated Rs.85,90,000/- of the Institute, namely, Jeevan Jot Nursing Institute being run by Baba Nand Singh Ji Memorial Turst (Registered), Jagroan. Crl.M.No.M-19126 of 2010 (O&M) -3- Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused. Rather their custodial interrogation is necessary. Hence, in view of these facts, and without expressing any opinion on the merits of the case, both the present petitions filed by petitioners-Baldev Singh and Davinder Kaur for grant of anticipatory bail are, hereby, dismissed being devoid of any merit. Interim orders dated 8.7.2010 and 27.7.2010, already granted in favour of the petitioners are vacated. 6.9.2010 (Ram Chand Gupta) meenu Judge