Himachal Pradesh High Court
Pramod Kumar Sharma vs State Of Himachal Pradesh on 26 March, 2019
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPs(M) No. 281 to 283 of 2019 Decided on: 26th March, 2019
1. Cr.MP(M) No. 281 of 2019:
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Pramod Kumar Sharma ....Petitioner
Versus
State of Himachal Pradesh ...Respondent
2. Cr.MP(M) No. 282 of 2019:
Manvir Singh ....Petitioner
Versus
State of Himachal Pradesh ...Respondent
3. Cr.MP(M) No. 283 of 2019:
Ghanshyam Sharma ....Petitioner
Versus
State of Himachal Pradesh r ...Respondent
Coram
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 In Cr.MPs(M) No. 281 to 283 of 2019:
For the petitioners: Mr. Sudhir Thakur and Mr. Anirudh Sharma, Advocates.
For the respondent/State: Mr. S.C. Sharma, Mr. Shiv Pal Manhans And Mr. P.K. Bhatti, Additional Advocates General, with Mr. Raju Ram Rahi, Deputy Advocate General.
For the complainant: Mr. Satyen Vaidya, Sr. Advocate, with Mr. Varun Chauhan, Advocate.
______________________________________________________________________ Chander Bhusan Barowalia, Judge. (oral).
The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 35 of 2019, dated 12.02.2019, 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 27/03/2019 21:58:43 :::HCHP 2
under Sections 147, 148, 149, 452, 307, 323, 325, 382, 427, 506, 201 and 120B IPC and Sections 25/54-59 of the Arms Act, registered in Police Station, Parwanoo, District Solan, H.P. .
2. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they may be released on bail.
3. Police report stands filed. As per the prosecution story, on 12.02.2019 Shri Lakhwinder Singh (complainant) made a written complaint to the police, wherein he alleged that he is owner of M/s Dashmesh Transport Company, Shitla Mata Mandir, Old Kasauli Road, Tehsil Kasauli, District Solan, H.P. As per the complainant, on 11.02.2019, at about 04:30 to 05:00 p.m., 60-70 persons reached on the spot and 2/3 persons were armed with guns. He has further stated that Pramod Sharma (petitioner in Cr.MP(M) No. 281 of 2019) and one Pinkoo Sharma were leading the mob and they openly fired in the air.
Promod Sharma and Pinkoo Sharma goaded the mob to kill the complainant, but somehow he managed to escape. The office of the complainant was damaged and cash amounting to `1,50,000/- (rupees one lac fifty thousand) was stolen. One Lakhwinder @ Goldy, who was present in the office, was beaten up by the mob. The complainant ::: Downloaded on - 27/03/2019 21:58:43 :::HCHP 3 recognized some of the persons of the mob and he named them in his complaint. On the basis of the complaint, so made by the complainant, police registered a case and the investigation ensued. On 12.03.2019 .
police prepared a spot map and photographs of the spot were clicked.
Police effected the relevant recoveries and the SFSL team collected scientific samples from the spot. Injured Lakhwinder @ Goldy was medically examined. On 12.02.2019 petitioners Pramod and Ghanshyam were arrested. Some of the accused persons, in order to evade their arrest absconded, however, later on some of the accused persons were arrested. On 17.02.2019 petitioner Manvir Singh made a disclosure statement to the police and got recovered sticks and rods.
On the basis of his disclosure statement police prepared the spot map.
Some other accused persons also made disclosure statements, which yielded into preparing spot map. Police also recovered empty cartridges, which were taken into possession. Accused Rishi also made a disclosure statement and led the police party to a secluded place near Ghaghar River. On the basis of the statement made by accused Rishi and on his identification, police recovered a pistol and two alive cartridges, which were taken into possession by the police. Police also prepared the spot map of the recovery of these articles. During the course of investigation, police recorded the statement of the injured.
As per the statement of the injured, 10-12 persons came to the office and gave beatings to him and he fell unconscious. It has come in the ::: Downloaded on - 27/03/2019 21:58:43 :::HCHP 4 investigation that there exists a dispute qua management of canter/pickup union. Police also found that the accused persons and the petitioners alongwith others were involved in the crime. As per the .
Medical Officer, the injured sustained grievous injuries. After the incident there is insecurity amongst the people of the society. The petitioners and the accused persons breached law and order and also attempted to destroy the evidence. Lastly, it is prayed that the bail applications of the petitioners be dismissed as the petitioners were found involved in a serious offence and in case they are enlarged on bail, there is strong apprehension that they may tamper with the prosecution evidence and may also flee from justice. Therefore, the bail applications of the petitioners may be dismissed.
4. I have heard the learned Counsel for the petitioners, learned Additional Advocate General for the State, learned Senior Counsel for the complainant and gone through the record, including the police report, carefully.
5. The learned Counsel for the petitioners have argued that the petitioners have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence, nor in a position to flee from justice and no fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they may be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioners were found involved in serious ::: Downloaded on - 27/03/2019 21:58:43 :::HCHP 5 offence and in case they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. He has further argued that the petitioners alongwith other accused persons took law .
in their own hands and also used deadly weapons to commit the crime.
He has argued that people of the area are not feeling safe due to the act of the petitioners and other accused persons. In case the petitioners are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. So, at this stage, the bail applications of the petitioners may be dismissed.
6. Learned Senior Counsel for the complainant has argued that the petitioners alongwith other muscle men, who have been indicted in the same case, have committed the crime and in case they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. He has further argued that the petitioners have earlier been involved in criminal activities and many cases have been registered against them. There is feeling of insecurity in the people of the area due to the criminal acts of the petitioners. So, in the above backdrop the bail applications of the petitioners may be dismissed.
7. In rebuttal the learned Counsel for the petitioners have argued that the petitioners cannot be kept behind the bars for an unlimited period. He has further argued that the petitioners are ::: Downloaded on - 27/03/2019 21:58:43 :::HCHP 6 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be enlarged on bail.
8. At this stage, after carefully considering the fact that .
recoveries in the case in hand are complete and as per learned Additional Advocate General nothing remains to be recovered at the instance of the petitioners and also considering over facts of the case, this Court finds that the petitioners are neither a position to tamper with the prosecution evidence nor in a position to flee from justice.
This Court also finds that no fruitful purpose will be served by keeping the petitioners behind the bars for an unlimited period and the ends of justice will only be met in case they are enlarged on bail. Thus, the present is a fit case where the judicial discretion to admit the petitioners on bail is required to be exercised in their favour.
Accordingly, the petitions are allowed and it is ordered that the petitioners, who have been arrested by the police, in case FIR No. 35 of 2019, dated 12.02.2019, under Sections 147, 148, 149, 452, 307, 323, 325, 382, 427, 506, 201 and 120B IPC and Sections 25/54-59 of the Arms Act, registered in Police Station, Parwanoo, District Solan, H.P., shall be released on bail forthwith in this case, subject to their furnishing personal bond in the sum of `50,000/- (rupees fifty thousand) each with one surety each in the like amount to the satisfaction of learned Trial Court. The bail is granted subject to the following conditions:
::: Downloaded on - 27/03/2019 21:58:43 :::HCHP 7(i) That the petitioners will appear before the learned Trial Court/Police/authorities as and when required.
(ii) That the petitioners will not leave India without prior permission of the Court.
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(iii) That the petitioners 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 Court.
9. In view of the above, the petitions are disposed of.
Copy dasti.
(Chander Bhusan Barowalia)
26th March, 2019 Judge
(virender)
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