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JASJIT SINGH BEDI
Raman Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral) - The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in FIR No.124 dated 27.07.2021 registered under Sections 420, 409, 120-B IPC at Police Station Division No.2, District Pathankot.
2. The brief facts of the case are that the FIR was recorded on the statement of Sashi Kapoor to the effect that both Ashok Kumari @ Sadhana (since granted bail) and her husband Raman (petitioner) were agents of the Post Office and they after opening the RD, FDR of people, used to deposit the money. They also opened two RDs in the name of his wife Rama Kapoor out of which one RD was matured/closed in the month of July, 2020 and entry in this regard was made by them in their own hands and the total amount of the same was Rs.7,46,507/-. Raman Kumar used to collect the amount of installments of the second RD from him by visiting his house and in this regard he asked to Raman Kumar many times to provide him the copies of the RD but he delayed the matter on one pretext or the other. When he went to the post office, he came to know that Raman Kumar had not deposited the amount in their RD/account and has misappropr
The court's discretion in granting regular bail under Section 439 Cr.P.C. in cases involving allegations of cheating and misappropriation of funds.
The decision to grant regular bail was influenced by the lack of allegations of active participation in the embezzlement, the absence of recovery to be made from the petitioner, and the circumstances....
The potentiality of an accused fleeing from justice should not unduly influence the decision on bail, and specific conditions for bail should be tailored to the circumstances of the case.
Bail should be declined only in exceptional circumstances in cases triable by a Magistrate, unless there are serious allegations of the accused absconding from trial or tampering with evidence.
The court considered the extent of the petitioner's involvement and the completed investigation as key factors in granting bail for the offence of misappropriation of funds.
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