GURJANT SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2016-11-80
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 08,2016

GURJANT SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Ajay Tewari, J. - (1.) This is a petition for grant of anticipatory bail to the petitioner in FIR No.15 dated 11.02.2016 registered under Section 408 IPC at Police Station City Samana, District Patiala.
(2.) The allegations are that the petitioner was working as a Manager and was incharge of the banking operations of the Society. He created forged bank certificates showing different amounts as being lying in the account of the society whereas no amount was deposited. In this manner he is alleged to have embezzled the sum of Rs. 35.00 lakhs approximately. Learned counsel has drawn the attention of the Court to the order dated 14.03.2016 which is reproduced here in below:- "Petitioner, in the capacity as Manager of Samana Cooperative Marketing-cum-Processing Society, has allegedly embezzled a huge amount during the period from 2014 to 2015. Learned counsel for the petitioner submits that the petitioner was working as Salesman till 30.06.2008 but he was appointed as Manager of the Society by the Managing Committee which was itself handling the management of the Society. The petitioner being semi-illiterate person has not been dealing with the account but he has been falsely involved in the case with the allegation of embezzlement. Without expression of any opinion on merits and the culpability of the petitioner, I deem it appropriate, in the interest of justice to require the petitioner to join the investigation. Notice to Advocate General, Punjab for 26.04.2016. Meanwhile, an interim direction is issued that the petitioner will join the investigation on 02.04.2016 and in case of petitioner doing so, he will be released on interim bail to the satisfaction of the arresting officer subject to the condition that he will make available all the required information and documents as required by the investigating agency."
(3.) He further states that he has joined the investigation and no recovery is to be made from him and till date no proceedings for recovery have been initiated against the petitioner under the Punjab Co-operative Societies Act, 1961 nor any arbitration proceedings have been lodged against him. He has further argued that the police is shielding the members of the managing committee and other employees by making the petitioner into a scapegoat.;


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