MOHANLAL Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed under Section 438, Cr.P.C. for grant of anticipatory bail. The brief facts mentioned in F.I.R. are that the complainant Pradeep Kumar carried on business of manufacture of ready-made garments under the name and style of M/s. Teen Murti Fashion at F/243 at Shakur Basti. One Sh. Shyam Sunder was working with him as a Cutter Master and was residing in the premises above Sultanpuri Post Office. In the absence of the complainant, Shyam Sunder is alleged to be looking after the factory. He did not turn up for 4-5 days and on checking, the complainant found certain articles detailed in F.I.R. missing from the premises. It is further stated in the F.I.R. that the petitioner No. 2 Mr. Sanoj Kumar and Sudesh Kumar were relations of Shyam Sunder and they used to visit him. He lastly mentioned in the FIR that accused Shyam Sunder had misappropriated the aforesaid goods of the complainant.

(2.) I have heard arguments advanced by the learned counsel for the parties. It may be noted that according to the petitioner No. 1 Mohan Lal, his name is not there in the complaint. So far as petitioner No. 2 is concerned, it is argued that there were business dealings between him and complainant and he used to purchase the ready-made garments from him. For that purpose photo copies of some bills have been produced on record prima facie, I am of the view that it is a fit case wherein the petitioner should be granted anticipatory bail. It may be noted that since the filing of this petition in March, 1992 the petitioners have been allowed interim anticipatory bail.

(3.) IT appears that notice was issued by this Court to ACP Shri Rupender Kumar because on one of the dates an application was made against him that he was trying to force a compromise between the complainant and the accused persons. However, today, Mr. C. K. Sabharwal, learned counsel for the complainant submits that probably there is some misunderstanding in recording the order and he never meant to make any such allegations against Mr. Rupender Kumar and therefore Rule against Mr. Rupender Kumar ACP is hereby discharged. Petition allowed.