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2012 DIGILAW 1262 (PNJ)

Roshan Lal Paul v. State of Punjab

2012-09-21

RAM CHAND GUPTA

body2012
JUDGMENT Mr. Ram Chand Gupta, J.: (Oral) - Crl.M.No.56439 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-29387 of 2012 1. The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.116, dated 25.7.2012, under Section 409 IPC, registered at Police Station Daba, Tehsil and District Ludhiana. 2. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Ludhiana, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. 3. Brief allegations are that petitioner was posted as Sub Post Master, Post Office Daba Road, Ludhiana. It came in the knowledge of higher officers of petitioner that he had misappropriated Government money in respect of recurring deposit and saving bank deposit accounts of various depositors and hence an enquiry was held and it came during enquiry that till the date of filing of this complaint, an embezzlement of Rs.28,000/- was detected to have been committed by him as though he had received deposit from various account holders and also made entries in their passbooks and, however, did not deposit the same in the relevant account of the Post Office. A complaint was lodged by the office of Senior Superintendent of Post Office, Ludhiana, with Commissioner of Police, Ludhiana, on the basis of which present FIR was lodged. 4. It has been contended by learned counsel for the petitioner that he was suffering from mental disorder and getting treatment from various hospitals. It is further contended that moreover it is a case of only temporary embezzlement as an amount of Rs.28,000/- which was found to have been embezzled by the petitioner has also been deposited by him. 5. Be that as it may, petitioner being posted on a responsible post as Sub Post Master in the Post Office has committed serious offence as he had received deposits from various account holders and made entries in their passbooks and, however, did not deposit the same in the branch of the Post Office. It has been specifically mentioned in the complaint lodged by the office of Senior Superintendent of Post Office, Ludhiana, that the said embezzlement of Rs.28,000/- was detected till the date of lodging of this complaint and that the enquiry was still going on. It has been specifically mentioned in the complaint lodged by the office of Senior Superintendent of Post Office, Ludhiana, that the said embezzlement of Rs.28,000/- was detected till the date of lodging of this complaint and that the enquiry was still going on. It is yet to be ascertained as to in respect of how many other accounts, petitioner might have misappropriated the money belonging to small account holders and ultimately belonging to the Government. Hence, in view of these facts it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. His custodial interrogation is necessary. 6. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Roshan Lal Paul for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.