CRM-M-35526-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CRM-M-35526-2026 Date of decision :20.08.2026 EAMANUEL ... PETITIONER VERSUS STATE OF PUNJAB .. RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Joginder Pal Devgan, Advocate for the petitioner. Mr. Subhash Godara, Addl. Advocate General, Punjab Mr. Birj Mohan, Advocate for the complainant. *** H.S. Grewal, J.(Oral) 1. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 (erstwhile Section 438 of the Code of Criminal Procedure (Cr.P.C.), 2023) for grant of Anticipatory Bail to the petitioner in case FIR No.0099 dated 22.05.2026 under Section 303(2), 318(4) of the Bharatiya Nyaya Sanhita (B.N.S.), 2023 (erstwhile Section 379, 420 of Indian Penal Code (I.P.C.), 1860) registered at Police Station Jhander, District Amritsar Rural, Punjab. 2. The brief facts of the case are that the FIR in question was registered against the petitioner on the allegation that, while being entrusted with 5,100 bags of wheat belonging to PUNSUP, a public department, he misappropriated the said wheat. RENU RAWAT 2026.08.21 14.28 I attest to the accuracy and integrity of this document Chandigarh CRM-M-35526-2026 -2- 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on account of a family dispute, with the other party allegedly using political influence. It is further submitted that the petitioner was working as an RTA and had issued the gate pass in respect of the wheat in question. Learned counsel contends that only 600 bags of wheat were found short. It is argued that the gate pass issued by the petitioner was also required to be verified by the concerned officials of PUNSUP and, therefore, the petitioner cannot be held solely responsible for the alleged shortage. 4. Learned State counsel as well as counsel for the complainant oppose the prayer on the ground that serious allegations have been levelled against the petitioner. It is submitted that 5,100 bags of wheat, weighing 2,550 quintals and valued at approximately ₹65,91,750/-, were procured by PUNSUP and entrusted to the petitioner. Despite issuance of gate passes for transportation of 700 and 600 bags on 05.05.2026 and 07.05.2026 respectively, the wheat did not reach the respective destinations. Upon physical verification, the entire stock was found missing. It is further submitted that after the alleged misappropriation came to light, the petitioner switched off his mobile phone and has been absconding. Hence, his custodial interrogation is necessary for effective investigation and recovery of the misappropriated wheat. 5. I have heard the learned counsel for the parties and perused the record. RENU RAWAT 2026.08.21 14.28 I attest to the accuracy and integrity of this document Chandigarh CRM-M-35526-2026 -3- 6. Considering the nature and gravity of the allegations, this Court finds that the petitioner was entrusted with 5,100 bags of wheat, weighing approximately 2,550 quintals and valued at about ₹65,91,750/-, belonging to PUNSUP. Despite issuance of gate passes for transportation of 700 and 600 bags, the wheat allegedly did not reach the respective destinations and the entire stock was subsequently found short. It is further alleged that, after the shortage came to light, the petitioner switched off his mobile phone and absconded. The investigation requires verification of the movement and accounting of the wheat, identification of the persons involved and recovery of the misappropriated stock or its proceeds. Thus, custodial interrogation of the petitioner cannot be said to be unnecessary at this stage. Keeping in view the seriousness of the allegations, the substantial quantity and value of the public stock involved, and the requirement of custodial interrogation for effective investigation and recovery, this Court is not inclined to grant the concession of anticipatory bail. 7. Accordingly, the present petition is dismissed. (H.S.GREWAL) 20.08.2026 JUDGE renu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RENU RAWAT 2026.08.21 14.28 I attest to the accuracy and integrity of this document Chandigarh