TEJINDER SINGH DHINDSA,J. - (1.) CRM No.16223 of 2016 Application is allowed, as prayed for. Documents at Annexures P-1 to P-3 are taken on record. Application disposed of. Main Case This order shall dispose of the present petition filed under Section 438 Cr.P.C. seeking concession of anticipatory bail to the petitioner in case FIR No.606 dated 23.10.2015, under Sections 409/420/467/468/471 of the Indian Penal Code, registered at Police Station Model Town, Rewari, District Rewari.
(2.) Briefly, it may be noticed that the petitioner was earlier serving as a licencing clerk in the office of Sub Divisional Officer (Civil) Rewari and the allegations are that for the period from 13.12.2013 to 31.03.2014, a collection of L 3,66,799/- which was municipal tax was misappropriated. Further allegations are that the petitioner had even forged receipts showing deposit of such municipal tax and even seal of the Punjab National Bank, Branch Mini Secretariat, Rewari to show that the amount has been deposited.
(3.) While issuing notice of motion, the following order was passed by this Court on 30.11.2015:- "Prayer in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to the petitioner, Rakesh Kumar, who has been booked for having committed the offences punishable under Sections 409, 420, 467, 468 and 471, PC, in a case arising out of FIR No.606, dated 23.10.2015, registered at Police Station, Model Town, Rewari. Learned counsel contends that the alleged embezzled amount with interest has been deposited by the petitioner; the whole case of the prosecution is based upon the documentary evidence and nothing remains to be recovered from the petitioner and as such, his custodial interrogation would not be necessary in the present case. Notice of motion for 09.02.2016. In the event of his arrest, the petitioner shall be released on ad-interim anticipatory bail subject to his furnishing personal bond in the sum of L 25,000/- (Rupees twenty five thousand only) with one surety in the like amount to the satisfaction of the arresting officer. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down in Section 438(2), Cr.P.C." ;