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2021 (9) TMI 1300 - HC - Indian LawsCancellation of pre-arrest bail - misappropriation of public funds and corruption - Sections 420, 406, 120-B and 34 of the Indian Penal Code, 1860 - HELD THAT:- The High Court took a serious view of the said fact and cancelled the anticipatory bail and it is the said order which was challenged before the Hon’ble Apex Court. While dismissing the appeal, the Hon’ble Supreme Court in MAHANT CHAND NATH YOGI & ANR. VERSUS STATE OF HARYANA [2002 (10) TMI 811 - SUPREME COURT] observed that in the case in question, there are serious allegations of misappropriation of public funds and corruption and thus, upheld the order of the High Court. he facts of the present case are substantially different inasmuch as,even as per the case of the prosecution, there were business dealings between the complainant company and the accused persons and the case has civil tappings and there is no allegation of misappropriation of public funds nor the provisions of the Prevention of Corruption Act, 1988 are attracted in the present case, nor the Respondent Nos. 3 to 5 conducted themselves in the manner as the accused. This Court feels that the order passed by the Sessions Judge is legal and in accordance with law and that there is no ground much less cogent or overwhelming ground to set aside the same and to cancel the anticipatory bail granted to respondent Nos.3 to 5, thus, the present petition stands dismissed and order dated 01.10.2020 is upheld. Petition dismissed.
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