Himachal Pradesh High Court
Jai Ram Madaik vs State Of H.P on 5 July, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CRMPs(M) No.1613, 1614, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, .
1624, 1625 & 1626 of 2023 Reserved on 03.07.2023 Decided on: 05.07.2023
1. CrMP(M) No. 1613 of 2023 Jai Ram Madaik ........Applicant Versus State of H.P .......Respondent ...................................................................................
2. CrMP(M) No. 1614 of 2023 Surat Ram r ........ Applicant Versus State of H.P .......Respondent ...................................................................................
3. CrMP(M) No. 1616 of 2023Sohan Lal ........ Applicant Versus State of H.P .......Respondent ...................................................................................
4. CrMP(M) No. 1617 of 2023Chet Ram Madaik ........ Applicant Versus State of H.P .......Respondent ...................................................................................
::: Downloaded on - 05/07/2023 20:44:30 :::CIS 2 5. CrMP(M) No. 1618 of 2023Surender Kumar ........ Applicant .
Versus State of H.P .......Respondent ...................................................................................
6. CrMP(M) No. 1619 of 2023Beli Ram ........ Applicant Versus State of H.P .......Respondent ...................................................................................
7. CrMP(M) No. 1620 of 2023Balvir ........ Applicant Versus State of H.P .......Respondent ...................................................................................
8. CrMP(M) No. 1621 of 2023Jai Ram ........ Applicant Versus State of H.P .......Respondent ...................................................................................
9. CrMP(M) No. 1622 of 2023Bhupinder Singh ........ Applicant Versus State of H.P .......Respondent ...................................................................................
::: Downloaded on - 05/07/2023 20:44:30 :::CIS 3 10. CrMP(M) No. 1623 of 2023Jeet Ram ........ Applicant .
Versus State of H.P .......Respondent ...................................................................................
11. CrMP(M) No. 1624 of 2023Sant Ram ........ Applicant Versus State of H.P .......Respondent ...................................................................................
12. CrMP(M) No. 1625 of 2023Virender ........ Applicant Versus State of H.P .......Respondent ...................................................................................
13. CrMP(M) No. 1626 of 2023Ram Prakash ........ Applicant Versus State of H.P .......Respondent ................................................................................... Coram The Hon'ble Mr. Justice Virender Singh, Judge Whether approved for reporting? For the Applicant(s) : Mr. V.S. Chauhan, Sr. Advocate with Mr. Rahul Chauhan, Advocate.
For the respondent(s) : Mr. Mohinder Zharaick, Mr. Tejasvi Sharma, Ms. H.S. Rawat, ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 4 Additional Advocate Generals, Ms. Avni Kochhar, Ms. Leena Guleria, Deputy Advocate Generals.
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Mr. Neeraj Gupta, Sr. Advocate with Ms. Rinki Kashmiri, Advocate, for the complainant.
ASI-Pankaj Sharma, I/O PS, Kotkhai, District Shimla, H.P. Virender Singh, Judge The above tilted 13 bail applications are being disposed of by the common order, as the applicants have filed these applications under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') in case, FIR No.52 of 2023 dated 26.06.2023, under Sections 457, 380, read with Section 34 of Indian Penal Code (hereinafter referred to as 'IPC') with Police Station, Kotkhai, District Shimla, Himachal Pradesh.
2. The applicants have filed these applications under Section 438 Cr.P.C., claiming the relief in these applications, qua, the direction to be issued to the I.O./Police to release the applicants on bail, in the event of their arrest in the aforementioned case/FIR.
::: Downloaded on - 05/07/2023 20:44:30 :::CIS 53. According to the applicants, they are permanent residents of the address, as mentioned in the .
applications.
4. Applicant-Jai Ram Madaik has stated that he is the Chairman of the Temple Committee for the last 53 years and is actively involved in day-to-day working of the temple and all other religious activities along with
5. to other members of the Temple Committee.
It is the case of the applicants that the case has been registered against them, at the instance of one Sh. Suresh Sharma, who has been instigated by Rana of Balson, just to settle his personal scores with the Committee members.
6. It is their further case that the Temple Committee has resolved to construct a new complex for the Goddess in the year 2004 and for the purpose of the construction, the Committee has decided to shift the idol of Mata to a temporary complex, till the completion of the new one. The construction of the Temple is stated to have been completed in the month of March, 2022. For ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 6 performing the consecration ceremony (Pran Pratistha) of the deity, the invitations were given to various persons, .
including Rana of Balson.
7. It is their further case that the Rana of Balson had insisted Committee members to perform the ritual of animal sacrifice, for which, the Committee members were not ready. It is their further case that the consecration ceremony of the idol of Goddess was 26.06.2023, with the consent of the stakeholders, but, r done on Rana of Balson had not visited the Temple.
8. The applicants have also given the history that one civil suit is also pending adjudication between the parties. They have termed all the allegations, which have been levelled against them in the FIR, as false and the same are stated to have been levelled with a view to lower down their image in the estimation of public.
9. Asserting the fact that they are the respectable persons of the society and having due roots in the society, it has been contended on behalf of the applicants that they are ready to abide by any condition ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 7 imposed with this Court, in case, any order is passed under the provisions of Section 438 Cr.P.C.
.
10. On all these submissions, Sh.Virender Singh Chauhan, learned Senior Advocate, assisted by Sh.Rajeev Chauhan, Advocate, for the applicants, has prayed that the bail applications may kindly be allowed.
11. When put to notice, the Police has filed the r to status report on 28.06.2023, disclosing therein, that on 26.06.2023, complainant-Suresh Sharma appeared before the Police and got recorded his statement under Section 154 Cr.P.C., disclosing therein that from the last 7 to 8 generations, his forefathers were performing Pooja in the Temple known as "Mahasu Prachin Durga Mata Mandir, Mahasu". The said Temple is stated to be the temple of family deity (Kuldevi) of Sh. TriVikram Singh Rana. About 20 years ago, for the construction of a new temple, said Rana Ji with the consent of the resident of three Panchayats, with the help of the Pujaris, got constructed a temporary Temple, about 100 meter away ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 8 from the old temple where, the idol of Mata Ji was consecrated, as per the rituals.
.
12. He has further mentioned, in his statement recorded under Section 154 Cr.P.C., that he and his family members were performing the pooja regularly. On 25.06.2023, the nephew of the complainant namely Sahil, had performed the morning Pooja. Thereafter, a meeting of three Panchayats was organized under the Chairmanship of Sh.Trivikram Singh Rana of Balson, qua, the resolution with regard to the performance of Pran Pratistha (consecration ceremony) of the idol was passed.
13. On 26.06.2023, according to him, when his nephew-Sahil reached at Temple, at about 8:30 am, to perform the Pooja, then, he found the lock of the temple to be broken and the idol of Goddess Kali was not found there, upon which, Sahil informed the complainant.
Thereafter, the matter was reported to the Police. Apart from this, he has also got lodged that other idols of Goddess along with other religious articles were also ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 9 found to be stolen. He has expressed his suspicion that some unknown person had break open the lock and .
stolen those articles.
14. Upon this, the Police machinery swung into motion and the case under Sections 380, 457 read with 34 IPC has been registered.
15. IO-ASI Pankaj Sharma had conducted the investigation. He has taken into possession the physical evidence found at the spot, due to the act, as complained by the complainant. According to the status report, there was lot of resentment in the general public and people were gathered. SHO along with Sub-Divisional Officer, Kotkhai, Tehsildar Kotkhai has assured those persons for taking appropriate action against the culprits.
16. On 27.06.2023, during the investigation of this case, Sh.Manjeev Chauhan, Pardhan, Gram Panchayat, Mahasu, in the presence of SDPO-Sidharath Sharma, Tehsildar-cum-Executive Magisrate, Kotkhai-
Arun Sharma, Pradhan Gram Panchayat, Mahasu- Sh.
Manjeet Chauhan, Complainant-Suresh Sharma, Sh.
::: Downloaded on - 05/07/2023 20:44:30 :::CIS 10Trivikram Singh, S/o Sh. Vidya Bhushan, Sh. Sriram, S/o of Bali Nand Chauhan, Sh. Mohan Lal, S/o Heera .
Singh, Sh. Ashok Negi S/o Balakram Negi, Sh. Manjeet Chauhan-Pradhan Gram Panchayat, Mahasu had opened the main gate of newly constructed Durga Mata Temple. Thereafter, the complainant-Suresh Sharma had identified the idol of Durga Mata and other articles, as Durga Mata r Temple to those articles, which, were stolen from the Prachin on the intervening night of 25/26.06.2023. The photography of all the above articles was conducted and the main gate was again locked and the key was taken away by the Police.
17. As per the status report dated 28.06.2023, one silver stick, silver dhanera, silver lota and pair of nagada of Goddess were not recovered. On inquiry Pradhan Gram Panchayat-Manjeet Chauhan apprised to the I.O. that the key of the newly constructed temple was given to him by the Chairman of the Committee-Sh.Jai Ram Madaik (applicant).
::: Downloaded on - 05/07/2023 20:44:30 :::CIS 1118. In view of the stand taken in the status report filed on 28.06.2023, the interim protection was given to .
the applicants, by directing them to join the investigation and I.O. was directed to release them on bail, in the event of their arrest, subject to furnishing bail bonds in the sum of Rs.20,000/-each with one surety each in the like amount.
19. On 03.07.2023, supplementary status report has been filed, disclosing therein, that during the investigation, applicants have joined the investigation.
They have disclosed that the idol of Goddess Durga and other articles were consecrated at about 5:00 am on 26.06.2023.
20. On 01.07.2023, applicant-Jai Ram was associated in the investigation and handed over the silver stick, silver dhanera, silver lota, silver plate and pair of nagadas of Goddess, which were taken into possession. Thereafter, the said articles were kept in the Temple. The Police contingent was deputed for the security of the Temple.
::: Downloaded on - 05/07/2023 20:44:30 :::CIS 1221. All the applicants have joined the investigation and according to the Police, nothing is to be .
recovered from them.
22. It is the further case of the Police that the statement of the witnesses has been recorded and investigation is still going on. Due to this incident, there is lot of resentment in the general public and in case, interim order is made absolute, the applicants may coerce the witnesses and there is every apprehension of the quarrel between the parties.
23. Lastly, it has been apprehended that due to the dispute between the parties, the chances of breach of peace in the area are there.
24. On the basis of the above facts, Sh.Tejasvi Sharma, learned Additional Advocate General, appearing for the State has prayed that keeping in view the nature of accusation, bail applications may kindly be dismissed.
25. Sh.Neeraj Gupta, learned Senior counsel assisted by Ms.Rinki Kashmiri, while supporting the stand of the State, has argued that although, the ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 13 recovery has been effected, in this case, but, the manner, in which the crime has been committed by the .
applicants, it has shaken the faith of so many people of the area.
26. According to the learned Senior Counsel, despite pendency of the suit, the accused persons had committed the offence demonstrating that they have no honour for the law.
27. to Highlighting the fact, that the crime has not only been committed against the State, but it has also violated the faith of the general masses of the area and in case, the interim protection is confirmed in their favour, it may result into the breach of peace in the area.
28. Lastly, it has been prayed that the persons who have no honour for the law, are not entitled for any relief, under Section 438 Cr.P.C. Thus, a prayer has been made to dismiss the applications.
29. In view of the stand taken by the Police, in the status reports, filed in this case, this Court is of the view that the bail applicants have joined the investigation and ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 14 recovery has already been effected, in this case. The dispute between the rival parties seems to be old one and .
as to which party was responsible for the dispute will be proved during the course of the trial.
30. Despite the arguments advanced by the learned Additional Advocate General, as well as, the learned Senior Advocate appearing for the complainant, the Police is not able to make out a case for custodial interrogation, in this case.
31. Declining the relief to the applicants, in view of the stand taken by the Police in the status reports, would amount to punishing the applicants prior to their trial, which is not permissible under the law. The accused persons are presumed to be innocent, till their guilt is proved during the trial.
32. Considering the totality of the circumstances, this Court is of the view that the chances of commencement and conclusion of the trial against the applicants/accused persons in near future, are not so bright and no useful purpose would be served by sending ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 15 them to judicial custody by dismissing the present bail applications.
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33. So far as the apprehensions, which have been expressed by the Police, in the status report are concerned, for those apprehensions, reasonable conditions can be imposed.
34. Applicants are resident of the same area and it has not been apprehended that, in case, the interim order is made absolute, they may not be available for the trial or investigation. So far as the apprehension of the Police, qua, breach of peace is concerned, for that purpose, the legislature, in its wisdom, has enacted specific provisions i.e. 107-151/150 Cr.P.C.
35. Considering all these facts, the bail applications are allowed and the interim order dated 28.06.2023 is made absolute. The applicants be released on bail, in the event of their arrest, in FIR No.52 of 2023 dated 26.06.2023, registered under Sections 457, 380, read with Section 34 of IPC, with Police Station, Kotkhai, District Shimla, Himachal Pradesh, on their furnishing ::: Downloaded on - 05/07/2023 20:44:30 :::CIS 16 personal bonds, to the tune of Rs.20,000/- each, with one surety each of the like amount, to the satisfaction of .
the Investigating Officer. The bail is granted, subject to the following conditions:
a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;
b) That the applicants will not leave India, without prior permission of this Court;
c) That the applicants will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and
d) That the applicants shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application;
36. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail applications.
::: Downloaded on - 05/07/2023 20:44:30 :::CIS 1737. The applicants are directed to move regular bail applications, when charge sheet will be filed in the .
Competent Court of Law.
38. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicants.
(Virender Singh) Judge 5th July, 2023 (Pathania) ::: Downloaded on - 05/07/2023 20:44:30 :::CIS