LAWS(P&H)-2012-6-37

MONIKA BANSAL Vs. STATE OF PUNJAB

Decided On June 05, 2012
Monika Bansal Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) APPLICATION is allowed subject to just exceptions. Documents Annexures P-19 and P-20 are permitted to be taken on record. Crl.Misc. Application stands disposed of.

(2.) PETITIONER has approached this court by way of instant petition under Section 438 Code of Criminal Procedure, seeking pre-arrest bail in FIR No.8 dated 14.2.2012 under Section 406 Indian Penal Code registered at Police Station Amargarh, Distt. Sangrur. Learned counsel for the petitioner vehemently contended that no case under Section 406 IPC is made out and if at all, it is under Section 409 IPC, which is not the allegation against the petitioner.

(3.) I have given my thoughtful consideration to the contentions raised. In view of the peculiar fact situation of the present case, this court is of the considered view that it is not a fit case for anticipatory bail. It is the huge quantity of the foodgrain which has been misappropriated causing huge financial loss to the complainant corporation. The contentions raised by learned counsel for the petitioner are wholly misconceived and without any force. The allegations are not only serious, but based on official record. Further, the offence was being committed since 2010-11, but it prima facie seems that it came to be detected late. Thus, thorough probe of the matter, while associating the petitioner is necessary, so as to ensure the effective investigation.