RAJINDER JAIPURIA Vs. STATE

JUDGEMENT

(1.) Rajinder Jipuria, hereinafter described as the petitioner, has filed the present petition under sub-section (2) to Section 439 read with Section 482 of the Code of Criminal Procedure seeking Cancellation of the bail order of 29th January, 2002 granted to respondent no.1 A by the learned Additional Chief Metropolitan Magistrate.

(2.) the learned Additional Chief Metropolitan Magistrate disposed of the application of respondent no.2 and admitted him fo bail. On 17th January, 2002 the learned Metropolitan Magistrate admitted the respondent no.2 to interimm bail for a period of seven days subject to furnishing personal bond to a sum of Rs.1 lakh each .with the condition to pay Rs.2,60,000/- to the petitioner. The said order was confirmed on 29th January, 2002 The first information report has been registered against respondent no,2 with respect to an of fehoe punishable under Section 406/409 read with Section 120B of the Indian Penal Code

(3.) The grievance of the petitioner in this regard is that keeping in view the nature of the offence, the gravity thereto and the huge amount that is involved, the learned MetropoIitan Magistrate was not Justified in admitting respondent no.2 to bail. Learned counsel for the-petitioner even had drawn the attention of the court the certain documents to urge that some of the facts pertaining to the alleged amounts being involved which are stated to have been embezzled are admitted.