TMI Blog2020 (11) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence. It is deemed appropriate to negate the contention of learned State counsel for dismissal of the bail in view of serious allegations and pending investigation of the case. Petitioner is in judicial custody since 07.09.2020 and is not required for any further investigation of the case. The offences are triable by the Magistrate. It is deemed appropriate to enlarge the petitioner on regular bail - petition allowed. - CRM-M No. 35475 of 2020 - - - Dated:- 12-11-2020 - Hon'ble Mr. Raj Mohan Singh, J. Mr. J.S. Bedi, Senior Advocate with Mr. Sunil Sihag, Advocate for the Petitioner. Ms. Sheenu Sura, D.A.G., Haryana. ORDER RAJ MOHAN SINGH, J. [1]. The case was taken up for hearing through video co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, runs an NGO had got admitted 41 students of District Yamunanagar in OPJS University, Churu Rajasthan in which the petitioner was the Chairman and the aforesaid persons got opened bank accounts of 28 students and retained their passbooks and ATM Cards with them and thereafter when the scholarship amount was transferred in the accounts of the students, the said amount was withdrawn by them and in this manner they have siphoned off an amount of Rs.24,51,760/-. The prosecution has further alleged that though the admission of 41 students has been shown in OPJS University, Churu, but the students never took admission in the said University in any course. [6]. Learned counsel for the petitioner submitted that though the petitioner has been n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... handra vs. CBI, 2012(1) SCC 40; Bhadresh Bipinbhai Sheth vs. State of Gujarat and another, (2016) 1 SCC 152; Bhagirrathsinh vs. State of Gujarat, (1984) 1 SCC 284 and Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273; Criminal Appeal No.1831 of 2019 (Arising out of S.L.P. (Criminal) No.10493 of 2019) titled 'P.Chidambaram Vs. Directorate of Enforcement' decided on 04.12.2019 further submitted that basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. However, while considering the same, the gravity of the offence is an aspect which is required to be kept in view by the Court. The gravity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d trial. [9]. I have considered the submissions made by learned counsel for the parties. [10]. In Sanjay Chandra's case (supra), the Hon'ble Apex Court has held that it is not in the interest of justice that accused should be in jail for an indefinite period. No doubt, the offence alleged against the accused is a serious one in terms of alleged huge loss to the State exchequer, that, by itself, should not deter the Court from enlarging the accused on bail when there is no serious contention of the State that the accused, if released on bail, would interfere with the trial or tamper with evidence. [11]. Keeping in view the aforesaid factual position, I deem it appropriate to negate the contention of learned State counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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