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2018 Supreme(P&H) 347

ARVIND SINGH SANGWAN
HDFC Bank Limited – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.D.S. Sukhija, Advocate
For the Respondents:Ms. Samina Dhir, DAG, Punjab. Mr. Lokesh Vohra, Advocate

JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. Prayer in this petition is for cancellation of bail granted to respondent No.2/accused by the Additional Sessions Judge, Ferozepur vide order dated 29.03.2016 in FIR No.185 dated 24.09.2015 registered under Sections 409 and 420 of the Indian Penal Code (in short 'IPC') at Police Station Zira.

2. Brief facts of the case are that the petitioner – Bank, got the aforesaid FIR registered against respondent No.2 with allegation that he was employed as Sales Officer in the Zira Branch where the bank has started a group scheme and sanctioned loan to various groups. The petitioner was absent from duty since 21.09.2015 and some of the complainant have given affidavit that the employee of the bank has withdrawn the amount of their loan account by using the ATM card illegally.

3. After registration of the FIR, the Additional Sessions Judge, Zira granted interim bail to respondent No.2 vide order dated 09.10.2015 and he was directed to join investigation. After joining of the investigation, the Additional Sessions Judge vide order dated 29.03.2016 confirmed the interim bail of respondent No.2 by observing that the anticipatory bail cannot be refused only on th












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