JAMIR KHAN Vs. STATE OF H P

JUDGEMENT

(1.) This petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed by the petitioner/accused (hereafter referred to as 'the accused') for grant of interim/transitory anticipatory bail to him in case FIR No. 342/04, under Section 379 of the Indian Penal Code, registered at Police Station, Sector 22, Chandigarh.

(2.) As per the averments made in the application the accused is a driver of vehicle bearing No. CH-03-5243 meant for carrying the passengers. About two-three months before one V.K. Gupta and his associates hired the said vehicle to go to Delhi to meet their relatives. Said V.K. Gupta handed his brief case to his relatives to keep the same in the almirah. On the next day when he opened the brief case, he found a sum of rupees fifty or sixty thousand missing from the briefcase. He searched the aforesaid vehicle and the accused but nothing could be found. However, the aforesaid case has been registered against the accused.

(3.) I have heard the learned Counsel for the accused and the learned Deputy Advocate General for the State.