MANMOHAN MAHESHWARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Allegations against the petitioner Manmohan Maheshwari in this anticipatory bail application under Sec. 438 Crimial P.C. are that while he was employed as a salesman with the complainant Gaushala in Bathinda where he was deputed to deal with cash regarding sale of green fodder and during the course of his employment had embezzled a total amount of Rs. 15,29,000.00 out of which he has returned Rs. 1,46,000.00 after defalcation was discovered and has also confessed of his involvement in usurping the money of Gaushala which was entrusted to him.

(2.) Contentions of learned counsel for the petitioner Mr. HPS Ishar, Advocate are that the petitioner was allowed interim bail by the lower Court and that there is no semblance of evidence to bring about his posting and entrustment of cash enabling him to deal with the same and in fact it was the wrongdoings of the management of Gaushala to which the petitioner opposed has led to his false implication and that nothing is to be recovered from him.

(3.) The bail application is stoutly opposed by learned State counsel Mr. KDS Sidhu, Addl. Advocate General, Punjab assisted by Mr.Abhinav Gupta, Advocate representing the complainant on the grounds that since huge amount of money has been involved and there is documentary proof of his wrongdoings including CCTV footage and his confession of having usurped necessitates his custodial interrogation.