Jaswant Singh vs State of Punjab

M.M.S. Bedi., J.—Petitioner seeks concession of regular bail in the case registered at the instance of company Indian Sucrose Limited,

Mukerian alleging that the Petitioner had committed breach of trust and embezzled money by permitting the loaded trollies to pass out of the

factory while he was employed as Yard Supervisor cum Weight bridge supervisor cum shift Incharge. He is alleged to have in connivance with

Salwinder Singh, Kuldip Singh, Janam Singh, Chandan Kumar Giri, Rajiv Kumar, Ashok Kumar and other employees of the company has caused

huge loss to the company over a period of last ten years.

The petition has been opposed by the State Counsel as well as Counsel for the complainant alleging that the Petitioner is responsible for the

huge loss caused to the company by fabricating false record by preparation of fabricated receipts, weighment cum payment slips and the

embezzlement came to the light by CCTV in January 2011.

Learned Counsel for the complainant has argued that co-accused of the Petitioner are absconding and there are chances that Petitioner also

abscond.

I have heard learned Counsel for the parties and I am of the opinion that there are serious allegations against the Petitioner. It has also been

informed that he had been leaving India frequently and there are chances of tampering with the evidence and leaving the limits of jurisdiction. But in

view of the fact that it is a case which is to be tried by the magistrate and the Petitioner is alleged to have committed the crime in connivance with

others; challan having already been presented, the Petitioner can be granted the concession of bail.

The Petitioner is ordered to be released on bail on his furnishing bail bonds in the sum of Rs. 5 lacs with two similar local sureties with a

condition that his passport will be retained with the Court and will not be released without the permission of trial Court. He will also not leave India

without the permission of the Court during the pendency of the trial. In case of his making any attempt to tamper with the evidence or delay the

proceedings, it will be open to the complainant or the prosecution agency to seek the cancellation of bail.