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
avin