Hasim vs State Of Himachal Pradesh on 23 June, 2023

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Himachal Pradesh High Court

Hasim vs State Of Himachal Pradesh on 23 June, 2023

Bench: Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1474 of 2023 .

                                                       Reserved on : 21.06.2023





                                                       Decided on            : 23.06.2023





    Hasim                                                                     ...Applicant

                                             Versus





    State of Himachal Pradesh                                               ...Respondent

    Coram                 r

The Hon'ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant : Mr. Naresh Kumar Tomar, Advocate. For the respondent : Mr. H.S. Rawat, Mr. Mohinder Zharaick, Additional Advocates General, with Ms. Avni Kochhar Mehta & Ms. Leena Guleria, Deputy Advocates General.

ASI Ranjeet Singh, I.O., Police Station, East, Shimla, is present in person along with record.

Virender Singh, Judge.

ApplicantHasim has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), for releasing him on bail, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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during the pendency of trial, in case FIR No.135 of 2022, dated 2nd June, 2022, registered with Police Station, Boileauganj .

Shimla, H.P., under Sections 454, 380, 201, & 120B of the Indian Penal Code (hereinafter referred to as the 'IPC').

2. According to the applicant, he is permanent resident of the address, as mentioned in the application and was doing the business of selling blankets at Shimla, in the year 2022. He has falsely been implicated in the case of theft, at the instance of some persons, who were having inimical relations with him and those persons were intending to obstruct him from selling the blankets.

3. According to the applicant, he is an innocent person and has falsely been implicated, in this case. The investigation is also stated to be completed in this case and the applicant is stated to be in judicial custody. According to him, no recovery has been effected from him and no evidence is there to connect him with the alleged crime.

4. Apart from this, the learned counsel appearing for the applicant, has given certain undertakings, on behalf of the ::: Downloaded on - 23/06/2023 20:40:05 :::CIS 3 applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial.

5. During the pendency of the bail application, by moving Cr.MP No. 2082 of 2023, the certified copy of the order dated 3.6.2023, passed in the bail application, filed by the applicant, before the Court of learned Additional Sessions JudgeI, Shimla, has been sought to be placed on record.

6. Considering the said fact, the application (Cr.MP No. 2082 of 2023), is allowed and the copy of order dated 3.6.2023, passed by the Court of learned Additional Sessions JudgeI, Shimla, is taken on record.

7. From the order placed, on record by the applicant, it is transpired that he has tried his luck by moving bail application, under Section 439 Cr.PC, before the Court of learned Additional Sessions JudgeI, Shimla. However, the said application was dismissed on 3.6.2023.

8. On the basis of the aforesaid facts, Shri Naresh Kumar Tomar, Advocate, appearing for the petitioner has prayed that the application may kindly be allowed and the applicant may kindly be ordered to be released on bail.

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9. When put to notice, police filed the status report, disclosing therein that complainant Smt. Veena Sharma, who .

works at AG Shimla, Post Office resident of Bharat Scound and guide building Tara Devi, gave a written complaint that on 02.06.2022, she left for office at 08:20 AM and locked her room. When she returned to her house, she found that the lock of her house was broken and robbery has been committed. She found that her golden and silver ornaments; viz, bracelet (2 kare) 4 ½ tolas, golden chain 3 tolas, one nose pin, golden topas 2 pairs, two golden rings, silver chain 3 tolas, silver anklet 10 grams, one silver bowl, silver zube, Rs 50/ (1 copy) currency notes, Rs. 10/(2 copies) Currency notes, Rs.5,000/ cash, were stolen.

9.1. During investigation, spot map was prepared.

Photographs of the spot were clicked. Statement of complainant under Section 154 Cr.PC was also recorded. Fard was prepared to this effect.

9.2. Rukka was sent for registration of the FIR. The CCTV Camera footage was obtained. Accused Imran disclosed that he alongwith three other coaccused namely Ali Ahmad, ::: Downloaded on - 23/06/2023 20:40:05 :::CIS 5 Amir Khan and Hasim (applicant) had committed many robberies. On 30.05.2022, Accused Imran along with other co .

accused reached Shimla from Merut in the morning and stayed in a rented room w.e.f. 30.05.2023 to 03.06.2023.

During this period they committed theft at three places.

9.3. On 02.06.2022 his 'Mousa' Ali Ahmed, 'mama' Amir Khan and Hasim (applicant) went somewhere at 12/12:30 AM and came back after half an hour. Whenever they used to go like this, they used to take a bag with them. During this period, many instances of theft occurred within P.S. Boileuganj. Complainant/Land lady Smt. Veena Sharma, identified all the accused persons, who stayed in her building.

9.4. After investigation, accused Hasim was arrested on 05.04.2023 at about 05:40 PM at Boileuganj. The arrest information was given to his counsel. Hasim (applicant) admitted that he, along with coaccused Ali Ahmed, Aamir khan and Imran, had committed many robberies at places Tara Devi, Shoghi, Chotta Shimla and Dhalli. Accused Ali Ahmed had paid him Rs.25,000 and Rs.30,000/ for committing ::: Downloaded on - 23/06/2023 20:40:05 :::CIS 6 robbery. Accused Hasim (applicant) further disclosed that he was not aware as to whom the robbed items were sold.

10. On the basis of the above facts, it is the further case of the Police that the challan has been prepared and the same has been filed in the Court of learned Additional Chief Judicial Magistrate, Shimla.

11. The police has also mentioned the following criminal history of the applicant, in the status report,

i) FIR No.143/2021, dated 11.5.2021, under Sections 380, 454, 411 IPC, Police Station, Bhawanipur, U.P.

ii) FIR No.208 of 2021, dated 15.06.2021, under Section 414, Police Station, Bhawanipur, U.P.

iii) FIR No.209/2021, dated 15.6.2021, under Sections 380, 454, 411 IPC, Police Station, Bhawanipur, U.P.

iv) FIR No. 158.2021, dated 23.6.2021 under Section 380, 454, 411 IPC, Police Station, Meerat, U.P.

v) FIR No.163/2021, dated 27.6.2021, under Section 414 IPC, Police Station, Meerat, U.P.

vi) FIR No.164/2021, dated 27.6.2021, under Section 25 of the Arms Act, Police Station, Meerat, U.P.

vii) FIR No.73/2022, dated 7.3.2022, under Section 3(1) of U.P. Gangsters and AntiSocial Activities (Prevention), Act, Police Station, Meerat, U.P. ::: Downloaded on - 23/06/2023 20:40:05 :::CIS 7

viii) FIR No.119 of 2022, dated 20.6.2022, under Section 380, 454 IPC, Police Station, Pantnagar, .

District Udam Singh Nagar, Uttrakhand.

12. On the basis of the above facts, a prayer has been made to dismiss the application.

13. Heard.

14. From the stand of the Police that the report under Section 173(2) Cr.PC, has been submitted in the competent Court of Law, it can be held that the investigation, in the case, is almost complete and the applicant is no longer required for investigation by the police.

15. The applicant is in judicial custody and chances of commencement and conclusion of the trial, against the applicant, in near future, are very bleak. As such, no useful purpose would be served by keeping the applicant in the judicial custody.

16. So far as the criminal history of the applicant as mentioned in the status report and reproduced above, is concerned, it is not the case of the Police that he has been convicted in any of the cases, which have been allegedly been ::: Downloaded on - 23/06/2023 20:40:05 :::CIS 8 registered against him. Mere registration of the cases, does not take away the presumption of innocence, which is still .

available to the applicant. The role allegedly played by the applicant in the commission of the alleged crime would be proved by the prosecution during the trial.

16. Considering all these facts, the bail application is allowed. The applicant is ordered to be released on bail in case FIR No.135 of 2022, dated 2.6.2022, registered with Police Station Boileauganj, Shimla, H.P., under Sections 454, 380, 201, 120B IPC, on his furnishing personal bail bond, in the sum of ₹ 50,000/, with two sureties in the like amount, to the satisfaction of the learned trial Court. This order, however, shall be subject to the following conditions:

a) He shall make himself available for the purpose of interrogation, if so required and 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;

b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

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c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from .

disclosing such facts to the Court or the Police Officer; and

d) He shall not leave the territory of India without the prior permission of the Court.

17. 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 application.

18. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.

19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub Jail, Kaithu, through email, with a direction to enter the date of grant of bail in the eprison software.

20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Kaithu, Shimla is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent ::: Downloaded on - 23/06/2023 20:40:05 :::CIS 10 of Sub Jail Kaithu, Shimla is further directed that if the applicant fails to furnish the bail bonds, as per the order .

passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.

( Virender Singh ) Judge June 23, 2023(ps) ::: Downloaded on - 23/06/2023 20:40:05 :::CIS

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Himachal Pradesh High Court