Criminal Misc. M-17094 of 2011 -1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. M-17094 of 2011 (O&M) Date of Decision: 3.8.2011 Lakhpat Rai Bansal ..Petitioner. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Vivek Khatri, Advocate for the petitioner. Mr. Sandeep Vermani, Addl. Advocate General, Haryana. Rajesh Bindal, J. It is a case in which FIR was registered on the complaint of District Food and Supply Controller that the security amount deposited for issuing food Grains license to different firms which had been pledged with the department in the form of bonds/KVPs and NSCs of the value of ` 8,60,000/- was fraudulently withdrawn by some employees of the Food and Supplies Department in connivance with the employees of Post Office. None of the employees of Food and Supply Department was arrested and only the employees of post office were arrested and have been released on bail. Learned counsel for the petitioner submitted that petitioner is a small time employee in post office. Out of embezzled amount, ` 54,000/- have already been recovered by the department from his salary and ` 56,000/- were to be recovered, when the order rejecting the pre-arrest bail application of the petitioner was passed on 27.5.2011 by Court below. The balance amount is being recovered from his salary. As the loss caused to the department has substantially been made good and the balance amount is being recovered from his salary, the petitioner be granted pre-arrest bail. He has also referred to communication dated 29.10.2010 from District Food and Supply Department, Hisar to Superintendent of Police, Hisar stating that Criminal Misc. M-17094 of 2011 -2 - as the embezzled amount has been deposited by Roshan Lal, the FIR in question may be cancelled. Reliance was placed upon L. Chandraiah Versus State of A.P. and another AIR 2004 SC 252 and Savitri Agarwal and Others Vs. State of Maharashtra and Another 2009 (8) SCC 325 to submit that the FIR being old the petitioner should be granted concession of bail. Learned counsel for the State submitted that the communication dated 29.10.2010 from District and Food Supply Controller, Hisar was received, however, no action was taken and the police proceeded with investigation of the case and arrest of the accused was made. He further submitted that the entire amount has not yet been recovered. After hearing the learned counsel for the parties and considering the facts on record where fraudulent withdrawal of NSCs/KVPs submitted by various businessmen for obtaining food grain licenses, was allegedly made by the accused named in the FIR and others who were found to be involved in the offence during investigation, substantial amount having been recovered from Roshan Lal one of the accused, whereas the petitioner himself deposited ` 54,000/- and the balance amount of ` 56,000/- is being recovered from his salary, I do not find it to be a fit case for grant of pre arrest bail to the petitioner even if the FIR is old one. Dismissed. The communication written by the District Food and Supplies Controller, Hisar to Superintendent of Police, Hisar is also quite strange and it seems to be an effort to save the employees of his Department for the reasons best known to him. Once the offence was clearly established from the material available with the Investigating Agency, the District Food and Supply Controller had no business to request for cancellation of FIR only because the embezzled amount had been recovered. It was not his private property. Let learned counsel for the State seek instructions from the Director, Food and Supply as to what action is proposed to be taken against District and Food Supply Controller, who apparently is conniving with the accused in the present case. Criminal Misc. M-17094 of 2011 -3 - Adjourned to 19.8.2011. Copy of the order be given dasti to learned counsel for the State under the signatures of Bench Secretary. ( Rajesh Bindal ) 3.8.2011 Judge Meenu