CRM NO. M-30773 OF 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-30773 OF 2009 (O&M) DECIDED ON : 28.03.2011 Subash Chander ...Petitioner versus State of Punjab and another ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Ms. Anju Arora, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. C. M. Munjal, Advocate, for respondent No.2. K. C. PURI, J. (ORAL) Subash Chander has applied for cancellation of bail under Section 439 (ii) Cr.P.C, granted to respondent No.2-Ashok Kumar by Additional Sessions Judge, Ferozepur vide order dated 13.06.2009. The allegations against Ashok Kumar are that while he was working as Manager, Allahabad Bank, Abohar, a case regarding grant of loan of Rs.4 lacs relating to deceased Arun Sikri was received by the bank under Prime Minister Rozgar Yojana. It is alleged that respondent No.2 was demanding Rs.50,000/- as illegal gratification from the son of petitioner for sanctioning the loan. The case of respondent No.2 is that loan CRM NO. M-30773 OF 2009 (O&M) -2- was rejected on 17.04.2009 as the deceased was not fulfilling the conditions under the Scheme in as much as he was already having a business. It is further alleged that loan was to be disbursed only to the newly entrants and not to the persons who were already in business and on this account, loan was rejected. There was a suicide note. The accused-respondent no.2 produced report of private expert on the file which states that it is not signed by the deceased, whereas the prosecution has relied upon the report of government expert who has mentioned that the signatures of Arun Sikri appear on the suicide note. The case is at evidence stage. It is stated that complainant has already been examined. Respondent No.2 has been allowed regular bail by the trial Court and the case is in progress. The Hon'ble Apex Court in authority “Savitri Aggarwal & ors. vs. State of Maharashtra & anr.” 2009 (3) RCR (Criminal) 792 laid down law that anticipatory bail granted by the Sessions Judge in a non-bailable offence should not be cancelled by the High Court taking different view on the same set of material. So, keeping in view whole of the circumstances, no ground for cancellation of bail is made out. Dismissed. MARCH 28, 2011 (K. C. PURI) shalini JUDGE