Davinder Kumar And ANR. v. State Of Punjab

CRM-M 18060/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:02/06/2016.

Davinder Kumar and another ............Petitioners vs State of Punjab .............Respondent CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sandeep Arora,Advocate for the petitioners Mr.Kirat Singh Sidhu,DAG Punjab assisted by ASI Suresh Kumar.

Jaswant Singh,J(Oral) Prayer is for grant of anticipatory bail to accused petitioners Davinder Kumar and Surinder Kumar in case FIR No.169 dated 27.11.2015 under Sections 406,420,120-B IPC, PS Kulgarhi, Distt.Ferozepur. As per allegations five persons were apprehended and found collecting funds/donations in the name of Anath Asharam and Charitable Society(Regd.)Jalandhar and by not depositing the entire amount in the accouns of the Society they were mis-appropriating and mis-utilising the said funds. Names of petitioners have surfaced in the investigation in the disclosure statements of the co-accused.

It is contended that petitioners are authorized by the Society to collect funds and there is no material available on the police file showing any mis-appropriation of funds by the two accused petitioners. Upon notice, learned State counsel, on instructions states that the arrested co-accused were working as helpers of present two accused and RAJINDER PRASHAD JOSHI 2016.06.02 17:29 I attest to the accuracy and integrity of this document

CRM-M 18060/2016 have specifically named the present two petitioners involved in misappropriation and mis-utilisation of the funds. Further petitioner Davinder Kumar is kingpin while petitioner no.2-Surnder Kumar is his helper and as such custodial interrogation is required to unearth the entire modus operandi.

Keeping in view the nature and gravity of the offence no case for anticipatory bail is made out.

Dismissed.

02.06.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.06.02 17:29 I attest to the accuracy and integrity of this document