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Jharkhand High Court · body

2008 DIGILAW 45 (JHR)

Aditya Shankaram v. State of Jharkhand

2008-01-17

R.R.PRASAD

body2008
Order Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner has been apprehending his arrest in Parsudih P.S. Case No. 85 of 2007 registered under Sections 406/420/467/468/34 of the Indian Penal Code. 3. Learned counsel appearing for the petitioner submits that the petitioner, who was working as a Salesman in a firm known as Mahesh Edible Oil Industries Pvt. Ltd. though has been alleged to have misappropriated a sum of Rs.4,19,652/by not depositing the same to the firm but the entire allegation is false and falsity of the allegation would be evident from the fact that the period of defalcation is said to be from February, 2006 to April, 2007 whereas petitioner was appointed in the month of May, 2006 and not only that in the complaint petition, the petitioner has been alleged to have misappropriated a sum of Rs.4,19,652/but in course of investigation, the petitioner has been alleged to have misappropriated a sum of Rs.4,57,739/- and as such the complainant has not been coming up with the definite case and moreover, name of the purchaser has not. been disclosed from whom the petitioner is alleged to have received the money but did not deposit in the account and the actual fact is that the complainant being the Deputy Manager himself misappropriated the amount and put the blame upon the petitioner and others. 4. Learned counsel appearing for the State submits that in course of investigation it was found that the petitioner though did not supply edible oil to some of the shop owners still produced forged bills before the firm showing supply of edible oil to them and in this manner, the petitioner misappropriated huge amount. 5. Regard being had to the facts and circumstances of the case, I do not find it a fit case for grant of anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of the petitioner is rejected. However, if the petitioner surrenders before the court below and prays for bail, the same be disposed of after taking into' consideration the submissions advanced hereinbefore without being prejudiced by the order of this Court.