O R D E R

These petitions, arising out of one and the same FIR, to be decided on the basis of common facts and circumstances, and material on record, are being disposed of by this common order.

2. Petitioners, invoking Section 439 of the Code of Criminal Procedure, have approached this Court for grant of bail in case FIR No.28 of 2022, dated 21.4.2022, registered under Sections 409 and 120-B of the Indian Penal Code (for short ‘IPC’), in Police Station Theog, District Shimla, Himachal Pradesh.

3. Status Report stands filed. Record has also been made available. Earlier petitioners had approached the Special Judge (CBI), Shimla as well as this High Court under Section 438 Cr.P.C seeking anticipatory bail. Those petitions were dismissed by this Court and petitioners were arrested by the Police on 17.6.2022. Thereafter, they remained in police custody till 25.6.2022 and since 25.6.2022, they are in judicial custody.

4. Petitioners had approached the Court of Additional Sessions Judge(II), Shimla seeking regular bail under Section 439 Cr.P.C. Their petitions were dismissed by the said Court on 4.7.2022. Thereafter, petitioners have now approached this Court invoking provisions of Section

439 Cr.P.C.

5. Prosecution case is that on finding shortage of stock and discrepancies with respect to receipt and sale of stock at Petrol Pump Deorighat, being run by HIMFED, four members Departmental Committee, under the General Manager, HIMFED, was constituted on 11.4.2022 to look into the issue. The Committee in its Report dated 18.4.2022 pointed out serious financial irregularities and embezzlement of Government funds to the tune of Rs.1,30,83,787.36 Ps. During inquiry, two employees namely Mool Raj, who was Incharge of Petrol Pump, and Sunil Dutt, who was Outsourced Clerk, deployed on the same Petrol Pump accepted their role in embezzlement and promised to repay the amount.

6. On the basis of aforesaid Report, a complaint dated 19.4.2022 was received from Incharge, HIMFED Regional Office Shimla, in Police Station Theog. On the basis of it, FIR was registered and investigation was handed over to Sub Inspector/Incharge Ram Asra. Keeping in view the sensitivity and seriousness of matter, the Director General of Police, Himachal Pradesh constituted a Special Investigating Team.

7. During investigation, as per status report, petitioners disclosed that during the year 2018, there was deficit of Rs.2,40,000/- in the accounts of Petrol Pump and to cover-up that gap, Mool Raj had deposited Rs.1 lac but remaining amount was not deposited by anyone and to recover the aforesaid amount, Mool Raj and Sunil Dutt started to record lesser sale in the Register than actual sale but by 31st March, 2019 this deficit became Rs.5 lacs and, therefore, Mool Raj started to deposit the amount in the account of HIMFED after borrowing it from persons other than employees of HIMFED and on 31st March, 2022, in the Cash Book, deficiency became Rs.13,84,000/- whereupon, Mool Raj arranged Rs.11 lacs and deposited the same in the account of HIMFED in order to keep the account of HIMFED in order during Financial Year. Further that Mool Raj and Sunil Dutt, during 22nd March to 30th March, 2022, did not enter/record supply of seven tankers to Petrol Pump in Registers because after recording receipt of these tankers in the Register, Cash Book, account of HIMFED, on 31st March, 2022, would not have been settled. Managing Director of HIMFED received an information in this regard on 11.4.2022 whereupon he constituted a Committee and as per Report of Committee, there was shortage of 81598 litres petrol, 47308 litres diesel, 13500 lubricants on Petrol Pump with underground shortage of 4246 litres petrol, 2124 litres diesel, which was worth Rs.1,30,83,787.36 Ps.

8. As per status report, it has come in investigation that according to appointment orders, Vipin Mista, Sita Ram and Suresh Kumar were appointed as Clerks, Storekeeper and Peon respectively but Mool Raj, at his own level, had ordered s