SANJEEV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant application has been moved under Sec. 438 of the Code of Criminal Procedure, for pre -arrest bail of the Petitioner as he is apprehending arrest in FIR No. 172/2009, registered on 13.10.2009, in Police Station Theog, District Shimla, H.P., under Sec. 409 of the Indian Penal Code.

(2.) In brief, the prosecution case is that the Petitioner is a Clerk under B.P.E.O. Officer at Kumarsain. He was deputed for reimbursement of salary in the office of B.P.E.O., Theog w.e.f. 28.3.2007 to 22.5.2007 and thereafter 28.4.2007 to 7.5.2007. He disbursed the salary for the month of April, 2007 to the employees. He is alleged to have deducted the amount of L.I.C. from their salary, which was not further deposited in the office of L.I.C. and this amount comes to about Rs. 29,914/ -.

(3.) The bail of the Petitioner is objected to on the ground of recovery of the amount of L.I.C. The Petitioner, who is present in the court along with his counsel, undertakes to deposit the amount, without prejudice to his legal rights within one week, in the office of B.P.E.O. Theog, against a proper receipt. The B.P.E.O., Theog shall further deposit this amount with the L.I.C, so that no prejudice is caused to the L.I.C. policy holders.