1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No.425 of 2009. Date of decision: 15.6.2009 Trilok Thakur …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? No For the petitioner : Mr. Tarlok Chauhan, Advocate. For the Respondent : Mr. A.K. Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 100 of 2008 registered at Police Station, Rohru on 8.11.2008 under Sections 408, 409, 420, 467,468, 471, 120B IPC. Status report filed, heard and perused the record. 2. The case against the petitioner, in brief, is that District Manager, H.P.State Co-operative Bank Ltd., SDA Complex, Kasumpti, Shimla had lodged a written complaint which was received at Police Station, Rohru on 8.11.2008. In the complaint, it has been alleged that Special Audit of the Branch Office, Dodra Kwar of the bank was conducted for the period 1.10.2003 to 30.3.2006. It was found that 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 petitioner the then Manager of Dodra Kwar Branch of the Bank fraudulently and without following banking norms, rules, instructions of the Head Office, committed fraud, embezzlement in connivance with Shakti Chauhan by raising Cash Credit Hypothecation Limit in the name of M/s Shakti General Store, Jakha. It was found that there is no shop of such name and the loan advanced by the bank was taken by petitioner for his own use. The balance in this account as on 6.6.2008 was Rs.1,05,280/-. The petitioner in connivance with Baldev Singh advanced a fake vehicle loan to Baldev Singh whereas the petitioner retained the vehicle purchased by Baldev Singh and gave an affidavit to Baldev Singh that the loan instalment of Rs.2000/- per month would be paid by him till the liquidation of the loan. The debit balance in this account as on 6.6.2008 was Rs.1,82,535.21. No instalment was paid in the said loan and Baldev Singh has refused to confirm the debit balance. The petitioner in connivance with Dharma Sain advanced a fake House Building Advance to Dharam Sain and the amount of loan was fully utilized by the petitioner. He issued three cheques to Dharam Sain. The debit balance in the said account was Rs.3,59,453/- as on 6.6.2008. 3. The petitioner in connivance with Shakti Chauhan, Baldev Singh and Dharam Sain cheated the bank by committing fraud with the knowledge that wrongful loss has been caused to the bank. The petitioner being Incharge of the Branch has committed criminal breach of trust and cheated the bank by committing fraud of Rs.6,47,268.24. The bank has apprehended that petitioner might have committed some other frauds also by preparing fake documents. Baldev Singh and Dharam Sain have disclosed that the petitioner got their signatures but 3 no amount of loan was given to them. The petitioner himself had deposited the instalments of the said loans. Dharam Sain having come to know that the petitioner had stopped the payment of instalments, demanded the house loan amount from petitioner and the petitioner handed over him cheques amounting to Rs.2,50,000/- drawn on Sanjauli Branch of the Bank, which on presentation were bounced. 4. It has come in investigation that no person by the name Shakti Chauhan resides at Jakha. The car loan was sanctioned in the name of Baldev but petitioner himself purchased the car. The petitioner earlier filed bail application which was dismissed by the learned Sessions Judge, Shimla on 26.5.2009. The petitioner himself prepared the loan documents. The loan amounts are yet to be recovered from the petitioner. The custodial interrogation of the petitioner is necessary in order to find out involvement of others for preparing forged documents. 5. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. He has joined the investigation and no recovery is to be made from him. He has also submitted that earlier the bank branch at Dodra Kwar was gutted in fire, now the petitioner is being falsely implicated in false cases. The petitioner is resident of Kamla Nagar, Sanjauli and he is ready to join investigation and furnish bail bonds in accordance with the directions of this Court. The custodial interrogation of the petitioner is not necessary. The signatures and handwritings of the petitioner can be obtained by the Investigating Agency even if petitioner is enlarged on bail and for this purpose, the learned counsel for the petitioner has relied Jitender Kumar Vs. State of H.P., Latest HLJ 2009 (HP) 278. 4 The learned Additional Advocate General has opposed the bail application and has submitted that the petitioner was the custodian of public money and he has embezzled the public money. It is not a case of an isolated transaction. 6. I have considered the rival contentions of the learned counsel for the parties. The Investigating Agency has come forward with the plea that the petitioner at least in three loans has embezzled the bank amount by preparing false documents. In case of Shakti General Store, the principal loanee as well as guarantor are fake persons. In the other two loans, the petitioner has utilized the loan amount himself. The petitioner has defalcated Rs.6,47,268.24. The investigation in the case is in progress. It is the case of the prosecution that custodial interrogation of the petitioner is necessary in order to find out the involvement of others with petitioner for preparation of false documents for embezzling the amount. The petitioner earlier had filed bail application under Section 438 Cr.P.C. which was rejected by the learned Sessions Judge. In my opinion, keeping in view the facts and circumstances of the case, the petitioner at this stage is not entitled to bail. The petitioner has failed to make out any case for grant of bail. Resultantly, the application is dismissed. 7. The observations made in the order shall not be construed as expression of opinion on the merits of the case. ( Kuldip Singh ) Judge. June 15, 2009. (G.R.)