JUDGEMENT
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(1.) On 11.1.2012, this Court had passed the following order :-
"The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 146 dated 10.12.2011, registered at Police Station Machhiwara, District Khanna, under Sections 406, 420, 465, 467, 468, 471 and 120-B IPC.
Learned counsel for the petitioner contends that the petitioner, at present, is posted as Assistant General Manager, Bank of India, Branch Lucknow. At the relevant time, he was posted as a Manager of Bank of India, Machhiwara Branch, District Ludhiana and a loan was sanctioned in favour of M/s. Akhileshwar industries. A draft worth Rs. 16,15,200 was issued in favour of M/s. Natraj Industries, Faidabad. Lateron, this draft was surrendered and four drafts were issued in favour of M/s. Mahesh Industrial Corporation, Railway Road, Mandi Gobindgarh, District Fatehgarh Sahib and from that account, amount has been transferred to the account of wife of one of the partners. The allegation against the petitioner is that he connived with the partners for diversion of the loan amount to the account of wife of one of the partners of M/s. Mahesh Industrial Corporation. Learned counsel further submits that the offence, if any, is based on the documents, which are in the custody of the bank, therefore, custodial interrogation of the petitioner is not required. Considering that the allegation against the petitioner is only of connivance and he has not forged or fabricated any document, he ought to be given fair chance to appear before the Investigating Agency and satisfy it about his innocence.
Issue notice of motion to Advocate General, Punjab, for 1.2.2012.
Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and he will also abide by the conditions as specified under Section 438(2) Cr.P.C."
(2.) Counsel for the State, on instructions from ASI Barjinder Singh, Police Station Machhiwara, District Khanna states that the petitioner has joined the investigation and is not further required by the investigating agency.
(3.) For the reasons stated in order dated 11.1.2012 and the statement made by counsel for the State, the present petition is accepted. Interim bail granted to the petitioner vide order dated 11.1.2012 is made absolute. In the event of arrest, the petitioner shall be released on bail to the satisfaction of Arresting/Investigating Officer till filing of report under Section 173 Cr.P.C. Thereafter, the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. He shall continue to appear before the Arresting/Investigating Officer as and when called for. He shall abide by the conditions as specified under Section 438(2) Cr.P.C.;
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