KUNJ LAL Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks direction in terms of Section 497 -A Cr. P. C. from this Court that in the event of his arrest, he be admitted to bail on such conditions as may be imposed by this Court,

(2.) BRIEFLY stated the circumstances under which this petition has arisen are that during investigation of case FIR No: 60 of 1980, under Section 379/120 -B RPC, it transpired that one Shri G. S. sadiqi, by entering into Criminal conspiracy with the petitioner and some others had mis -appropriated 17191 scants of timber aporoximately valued at Rs.30 lacs. Mr. Sadiqi, Divisional Manager, Government Lumbering Undertaking, Doda was in this connection arrested by the police. The petitioner states in his application that he apprehends that he would also be arrested on the accusation of having committed offence under sections 409/120 -B RPC and therefore he may be admitted to anticipatory bail.

(3.) THE petitioner along with his other co -accused applied for anticipatory bail before the learned Sessions Judge. Bhaderwah, who rejected the application vide order dated: 7 -8 -1980 The petitioner than moved this Court Notice of the application was given to the Advocate General Objections were filed by the Addl Advocate General on 25 -8 -1980, in which it was stated that the petitioner had absconded and was not available and that his arrest was required for making certain recoveries as also for the ascertainment of material facts regarding disposal of the property and other persons who may also be involved in the whole affair and for effecting recoveries of some important documents from the Range Office. The petitioner was the Ranger at the relevant time. It has further been asserted that in case the petitioner is released on bail/ there is every possibility of his tampering with the evidence as also jumping bail. The petitioner has filed rejoinder to the objections supported by an affidavit of one Thakar Lal, brother of the petitioner. In the said rejoinder it has been stated that the petitioner does not have in his possesion or control any record pertaining to the case registered against him and others and has no knowledge about the allegedly embezzled timber and that the applicant would neither jump bail nor temper with the evidence. Although, no prior permission had been sought to place the rejoinder on record, yet, I have permitted the same to be taken on record at the time of hearing of the application.