IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 22267 of 2010(O&M) Date of Decision: September 9, 2010. Ashwani Kumar and another. ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Jagdish Manchanda, Advocate for the petitioners. Ms. Bhavna, D.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.91 dated 30.06.2010, under Sections 420/406/409/120-B IPC, registered at Police Station Mukerian, District Hoshiarpur. I have heard learned counsel for the parties and have gone through the whole record. As per allegations in the FIR M/s Mahavir Rice Mill, village Taggar Kalan, Tehsil Mukerian was allowed to store 26210.45 quintals of paddy during the season 2008-2009 and the firm was required to deliver CRM No.M-22267 of 2010 17561.00 quintals of rice after milling. However, the firm delivered only 14289.48 quintals of rice after milling the paddy till 25.09.2009 and hence, there is misappropriation of 3271.52 quintals of rice amounting to `60,87,813/- to be recovered from the said firm. It has been contended by learned counsel for the petitioners that they have already withdrawn from the partnership of the firm w.e.f. 16.09.2009 and even godowns were sealed by the officials of Food Corporation of India in their absence on 05.02.2010. Hence, it has been contended that petitioners are not liable for any shortage of the rice delivered as they ceased to be the partners since 16.09.2009. Further contended that there is also a clause for arbitration in the agreement entered between the FCI and the firm and hence, the dispute is civil in nature. Bail application of the petitioners has been vehemently opposed by learned counsel for the State on the plea that paddy was delivered for milling season 2008-2009 when petitioners were the partners of the firm and paddy was entrusted to them when they were the partners and hence, they are liable for the shortage of the rice delivered to the FCI. Further contended that it is a case of cheating on the part of the petitioners and that financial loss to the tune of `60,87,813/- has been caused to the government. I have considered all the facts and circumstances of the case. Financial loss to the tune of `60,87,813/- has been caused to the government due to the act on the part of M/s Mahavir Rice Mill to which petitioners were partners when the paddy was entrusted to the firm and hence, misappropriated rice weighing 3271.52 quintals is to be recovered from the firm. Custodial interrogation of petitioners is necessary. 2 CRM No.M-22267 of 2010 Hence, in view of these facts, it is not such a case in which extra- ordinary relief of anticipatory bail should be granted to the petitioners- accused. Hence, without expressing any opinion on the merit of the case, the instant application for anticipatory bail filed by petitioners –Ashwani Kumar and Pawan Kumar is, hereby, dismissed being devoid of merit. ( RAM CHAND GUPTA ) September 9, 2010. JUDGE 'om' 3