IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl. Misc. No.59338-M of 2006

DATE OF DECISION:16.11.2006

Aman Kumar

..........Petitioner

Versus

State of Haryana

..........Respondent

CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL

Present:-

Shri VS Punia, Advocate

for the petitioner.

Shri M.S. Sindhu, DAG, Haryana.

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Petitioner Aman Kumar apprehending his arrest in a non-

bailable offence in case FIR No. 198 dated 13.9.2006 under Sections

420/467/468/471 IPC, registered at Police Station Garhi, has filed this

petition under Section 438 Cr.P.C. for anticipatory bail.

I have heard counsel for the parties and gone through the

contents of the FIR.

Counsel for the petitioner contends that the allegation against

the petitioner, who is depot holder, is that he had made fake entries in the

sales register and embezzled the said quantity of ration, which was never

sold to the card holders. Counsel further contends that not a single card

holder has made any complaint in this regard and the aforesaid allegation is

without any substance and material.

Counsel for the petitioner further contends that in view of the

order dated 26.9.2006, the petitioner has joined the investigation. Counsel

for the respondent-State on instructions from ASI Rajinder Singh does not

dispute this fact and further states that the petitioner is no more required for

custodial interrogation.

Crl. Misc. No.59338-M of 2006

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In view of the above, the interim bail, granted vide order dated

26.9.2006 is made absolute subject to the same terms and conditions.

This bail order shall remain in operation till the investigation

culminates into filing of challan under Section 173 Cr.P.C. except for

material change in the circumstances. Thereafter the petitioner shall be

entitled to the grant of regular bail by the trial Court and the same shall

further continue till conclusion of the trial on the conditions to be imposed by

the court of competent jurisdiction.

Disposed of accordingly.

November 16, 2006

(SATISH KUMAR MITTAL)

pooja

JUDGE