Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898) S. 498-Hail-Petitioner, a Police Head Constable responsible for misappropriation of petrol as Incharge of Police Petrol Pump-Prosecution in possession of documentary evidence showing petitioner duly receiving quantities of petrol in bulk from supplying company against receipts but showing no such receipts in Stock Register nor maintaining accounts to cover further supply to Police vehicles-Case fresh one and investigation yet in progress --Petitioner declined bail, in circumstances.                                                                                                                  ORDER         Applicant is a head constable and was posted at Police headquarters incharge of petrol pump. He received petrol from P. S. O. and supplied to police vehicles, lie maintained the record. It is alleged by the prosecution that he has misappropriated a large amount of money in the result of committing theft of the petrol. F. I. R. wits lodged on 1st January 1981, and the investigation was taken in hand. Applicant was arrested on 1st July 1981, and interim challan has been presented is the Court on 15th July 1981. On three occasions bail applications have been moved before the trial Court which have been rejected. First application was rejected vide order dated 12thJuly 1981, second vide order dated 21st July 1981, and third vide order dated 28th July 1981. The learned counsel for the applicant has urged before me that in this case the investigation is over and the applicant has been remanded to jail custody on 15th July 1981, and whatever documentary evidence was necessary to sustain the charges has been seized by the investigating agency as such the applicant be now enlarged on bail. The offence alleged against the applicant is under section 409, P. P. C. which is punishable with life imprisonment or…