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Judgment
Alok singh, J.—This is an application u/s 438 Code of Criminal Procedure seeking anticipatory bail in a case FIR No. 312 dated 22.7.2010 under Sections 406/408/420/465/467/468/471/120B IPC registered at Police Station Model Town, District Ludhiana.
As per the FIR, goods were sold from the branch of the complainant company in the open market without generating invoice and the said goods were delivered to Mr. Rahul Kundra Proprietor of Sharda Infotech - the present Petitioner; Mr. Vikram Jeet Singh and others used to steal the material from the Godown and delivered the same to Mr. Rahul Kundra - the present Petitioner.
In the present petition, notice was motion was issued way back on 30.9.2010.
Mr. K.D. Sachdeva, Addl. A.G. Punjab on the instructions of ASI Saudagar Singh has stated that despite of raid in the godown and premises of the Petitioner alleged stolen items have not been recovered.
Learned Counsel for the Petitioner has vehemently argued that earlier Petitioner was employee of the complainant company and thereafter used to deal with the complainant company in the course of the business.
Considering the totality of the facts and circumstances of the case and keeping in the mind the ratio of judgment of Hon''ble Apex Court in the matter of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors., reported in 2011(1) RCR 127, it is directed that in the event of arrest of the Petitioner, he shall be released on bail to the satisfaction of Investigating Officer.