SRI KANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) SRI Kant and two others have failed the present petition under Section 438 Cr.P.C. for the grant of anticipatory bail in case FIR No. 27 dated 28.10.2000 which was registered against them under Sections 409, 468, 471, 477-A and under Section 120-B IPC and under Section 13(1)(d) of the Prevention of Corruption Act, 1988 in Police Station State Vigilance Bureau, Ambala.

(2.) THE case pertains to the irregularities committed by the officials of the Department of Printing and Stationery Haryana, working in the Govt. Printing Press, Haryana, Panchkula relating to mis-appropriation and misutilisation of stationery handed over to them during the course of their duties for the purpose of printing. According to the prosecution, the petitioners and their co-accused are guilty of having taken benefit of 3-5 per cent wastage over and above the wastage permitted, and misappropriated the stationery for their gain. It is alleged that as per the inquiry dated 17.5.1994 against official/employees Printing and Stationery Department, Haryana, a letter bearing No. 57/94-1, Vigilance dated 11.5.1994 was received from the Chief Secretery Haryana, and stationery worth crores of rupees was found misappropriated.

(3.) ON behalf of the State it is not submitted that the petitioners have not been joining investigation in consequence of the orders passed by this court on 21.11.2000 and have been misusing the concession of anticipatory bail given to them. The stand of the State apparently seems to be that though the FIR has been recorded on the basis of an inquiry conducted into the functioning of the Department of Printing and Stationery, Haryana in the year 1994 yet the same would not preclude the Investigating Agency from inquiring into the functioning of the Department in the subsequent years and therefore, the custody of the petitioners for interrogating them regarding the manner in which stationery was being misappropriated and the persons responsible therefor would be essential.