BAGICHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the complaint of Hazara Singh, the F.I.R. in question has been registered under Sec. 408 Indian Penal Code at Police Station Mamdot. The allegation against the petitioner, who was formerly the Secretary of Co-operative Society Kalu Arani, is that 7/8 years prior to the complaint, the complainant had taken a loan had paid a sum of Rs. 90,000.00 to the petitioner, but the petitioner had deposited only Rs. 39,000.00 and had embezzled Rs. 5 1,000.00. The petitioner had approached the Sessions Court, Ferozepur, for bail under section 438 Code Criminal Procedure but the learned Additional Sessions Judge, Ferozepur, dismissed his application for bail in anticipation of arrest. Therefore, the petitioner has approached this Court for the same relief.

(2.) I have heard the counsel for both the sides and perused the records on file.

(3.) The learned counsel for the petitioner contends that the amount alleged to have been embezzled by the petitioner has been deposited. He also relies upon annexure A-1, the copy of the receipt for the alleged deposit of Rs. 50,000.00. He further contends that the petitioner has been falsely implicated that nothing is due to be recovered from him, that there is a delay of nine years in lodging the F.I.R. and that no offence under Sec. 408 Indian Penal Code is made out. But the learned counsel for the State points out that another F.I.R. under Sec. 408 Indian Penal Code dated 10.5.1999 of Police Station Mamdot, has been registered against the petitioner with regard to a sum of Rs. 6,72,887/- and though the petitioner had given a cheque for Rs. 50,000.00 to the society on 28.5.1999 after the registration of the second case, it is not known to which account or whose account this sum of Rs. 50,000.00 has been deposited and therefore, he is not entitled to be released on bail.