High Court Punjab-Haryana High Court

Harmeet Singh vs State Of Punjab on 9 December, 2008

Punjab-Haryana High Court
Harmeet Singh vs State Of Punjab on 9 December, 2008
 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                      Criminal Miscellaneous No. M-32371 of 2008
                                  Date of Decision: December 09, 2008


Harmeet Singh
                                                         .....PETITIONER(S)

                                    VERSUS


State of Punjab
                                                      .....RESPONDENT(S)
                                .     .      .


CORAM:              HON'BLE MR. JUSTICE AJAI LAMBA


PRESENT: -          Mr. Saurabh Bajaj, Advocate, for the
                    petitioner.


                                .     .      .

AJAI LAMBA, J (Oral)

                    This     petition        has    been    filed    under

Section 438 Cr.P.C. for grant of anticipatory bail in

case FIR No.93 dated 10.11.2008 lodged for offences

under Section(s) 419, 420, 465, 467, 468, 471, 120-B

IPC with Police Station, Jalandhar Cantt.

Learned counsel contends that in the

first letter dated 30.8.2008 written by the Senior

Superintendent of Post Offices, Jalandhar Division,

Jalandhar, the culpability of the petitioner is not

made out. It is only in the second letter dated

7.11.2008 that culpability of the petitioner is

reflected.

Learned counsel has further tried to

bring out the contradictions between the stories.
Crl. Misc. No. M-32371 of 2008 [2]

Learned counsel has also contended that the writing

taken from the petitioner was under coercion and

duress, and is not voluntary.

I have considered the issue of grant of

bail to the petitioner under Section 438 Cr.P.C. It

seems that an enquiry was conducted whereupon it was

found that 13 leafs of cheques were misused; multiple

accounts were opened and the money was siphoned out.

During the enquiry, the petitioner who

is Postal Assistant, Jalandhar City Headquarter,

accepted that all the cheques were encashed by him

from Jalandhar Cantt. Headquarter Savings Bank

Account and military hospital Cantt. Headquarter

Savings Bank Account, amounting to Rs.13,82,000/- and

deposited the said amount on 31.10.2008 at Jalandhar

Cantt. Headquarter.

The contentions raised by the learned

counsel cannot be accepted at this juncture when the

investigation is at initial stage. Arguments have

been addressed as if the final report under Section

173 Cr.P.C. has been filed.

I am of the considered opinion that

only custodial interrogation of the petitioner shall

allow the investigating agency to get to the bottom

of the crime.

No ground for bail is made out.

The petition is dismissed.


                                                           (AJAI LAMBA)
December 09, 2008                                             JUDGE
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