Surinder Arjun vs State of Punjab

Ram Chand Gupta, J.

Crl.M.No.62233 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M-34995 of 2010

The present petition filed u/s 438 Code of Criminal Procedure is for grant of anticipatory bail to the Petitioner in case FIR No. 103, dated

18.7.2007, under Sections 406, 420, 465, 467, 468, 471, 380, 120B IPC, registered at Police Station `D'' Division Amritsar.

I have heard learned Counsel for the Petitioner and have gone through the whole record carefully, including the impugned order passed by

learned Additional Sessions Judge, Amritsar, vide which application filed on behalf of the present Petitioner for anticipatory bail was dismissed.

Brief allegations against the Petitioner-accused are that Petitioner being President and co-accused Rajinder Kumar Bhalla being Secretary of

Shri Durgiana Committee, Amritsar, were found indulging in operating bank accounts illegally, unauthorisedly and embezzled lacs of rupees of Shri

Durgiana Committee. A complaint in writing was made to Senior Superintendent of Police, Amritsar. It was alleged that they had made

embezzlement of Rs. 150 crores by making misappropriation of the money offerred at the temple, money and gold offered for kar sewa, grant

money of Sanskrit College, selling the land of Gaushala, taking FD Rs worth Rs.six crores by breaking open the Tosha Khana and by showing loss

in the accounts of Bhog Bhandar. The matter was also enquired into by the police authorities.

In view of serious allegations against the Petitioner-accused, his application for anticipatory bail was dismissed by the Court of Sessions on

14.12.2007. Thereafter he filed anticipatory bail before this Court, which was dismissed on merit by a coordinate Bench of this Court vide order

dated 14.5.2008, passed in Crl.M. No. M-55192 of 2007. He again approached this Court for anticipatory bail in Crl.M. No. M-12706 of

2009, which was also dismissed vide order dated 27.5.2009. He again filed application for anticipatory bail before learned Additional Sessions

Judge, Amritsar, which was also dismissed by impugned order dated 3.6.2010.

Hence, it is his third bail application before this Court. Offence was committed in the year 2007. Petitioner-accused has been absconding and

has already been declared proclaimed offender. Challan has been filed against co-accused.

Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the Petitioner-accused.

Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by Petitioner-Surinder

Arjun for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.