- (1.) This Court, on January 19, 2012, 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. 86 dated 19.10.2011, registered at Police Station Sidhwan Bet, District Ludhiana, under Sections 406, 408, 409, 420, 467, 468 and 471 IPC. Learned counsel for the petitioner contends that the case of prosecution is of temporary embezzlement. It is stated that on 16.4.2010, petitioner, being a Sub Post Master, had withdrawn an amount of Rs. 50,000 from the account of one Ashok Kumar and deposited the same on the very next day i.e. 17.4.2010. Learned counsel submits that the departmental inquiry took notice of the fact that the loss has been made good. He further submits that the case has been registered after a delay of one year and 9 months. Issue notice of motion to Advocate General, Punjab, for 6.2.2012. 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 Gurlal Singh HC, Police Station Sidhwan Bet, District Ludhiana, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
(3.) For the reasons stated in order dated January 19, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The order dated January 19, 2012, granting interim pre-arrest bail to the petitioner, is hereby affirmed and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, he shall continue to appear before the investigating agency as and when called-for till filing of a report under Section 173 Cr.P.C. He shall also abide by the conditions specified under Section 438(2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;