Himachal Pradesh High Court
Prashant Dharmani vs State Of H.P on 29 August, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
1
REPORTABLE/NON-REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 29th DAY OF AUGUST, 2022
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
CRIMINAL MISCELLANEOUS PETITION(MAIN) No. 1813 of 2022
BETWEEN:
PRASHANT DHARMANI, S/O SH. SURESH
DHARMANI, R/O VILLAGE KARANGOERA, PO
BARI-MAJHERWAN, TEHSIL GHUMARWIN,
DISTRICT BILASPUR, H.P. AGED 31 YEARS.
........PETITIONER
(BY MR. AJIT SHARMA AND MR. PRASHANT
SHARMA, ADVOCATES)
AND
STATE OF H.P.
........RESPONDENT
(BY MR. DESH RAJ THAKUR, ADDITIONAL
ADVOCATE GENERAL WITH MR. NARENDER
THAKUR, DEPUTY ADVOCATE
GENERAL AND MR. MANOJ BAGGA,
ASSISTANT ADVOCATE GENERAL)
__________________________________________________
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2
This petition coming on for orders this day, the
Court passed the following :-
ORDER
.
Petitioner is accused in case FIR No. 220/2021, dated 25.11.2022, under Sections 21 and 29 of Narcotic Drugs & Psychotropic Substances Act (for short 'ND&PS'), registered at Police Station Sadar, District Bilaspur, H.P. Apprehending his arrest in the above noted case, petitioner has approached this Court for grant of pre-arrest bail under Section 438 of Cr.P.C.
2. On 25.11.2021, police found one Sapil Thakur in conscious possession of 103.15 grams of Heroin. After initial inquiry, the case was registered and said Sapil Thakur was arrested.
3. During investigation Sapil Thakur disclosed that he was to deliver the contraband to the petitioner. Police found exchange of phone calls between the petitioner and Sapil Thakur. It was also found that on 09.11.2021 petitioner had transferred Rs.50,000/- from his account to the account of Sapil Thakur. Making such evidence as basis, petitioner has been arrayed as co-accused under Section 29 of ND &PS, Act.
::: Downloaded on - 29/08/2022 20:04:35 :::CIS 34. Petitioner has submitted that he is innocent and has committed no offence. His telephone calls with Sapil Thakur and money transaction was with respect to his dealings in old vehicles .
with said Sapil Thakur. Petitioner is permanent resident of Village Karangoera, PO Bari-Majherwan, Tehsil Ghumarwain, District Bilaspur, H.P. It is submitted that there is no likelihood of petitioner absconding from the course of justice. He has undertaken to abide by all the conditions, as may be imposed against him.
5. In the status report filed by respondent-State, the fact that the petitioner has given the version of his dealings with Sapil Thakur in old vehicles has been verified. It is mentioned that the petitioner is habitual offender and is involved in about 15 different criminal cases.
6. I have heard learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the status report.
7. The implication of the petitioner in the case is on the basis of statement made by co-accused. In its status report, respondent has not been able to make a specific stand as to the cause and reason for exchange of telephone calls between ::: Downloaded on - 29/08/2022 20:04:35 :::CIS 4 petitioner and Sapil Thakur. Similar remained the position with respect to the money transaction inter se them. One version is that dealings between two were having relation to the offence .
under ND & PS Act, whereas the other version is that petitioner had a business dealings with Sapil Thakur relating to second hand vehicles. The allegations against the petitioner are to be proved during the course of trial.
8. As per status report of the respondent-State, the custodial interrogation of the petitioner is not required. The investigation of the case is stated to be complete and challan has been filed. The other co-accused Sapil Thakur has already been released on bail by learned Special Judge, Bilaspur, H.P. on 13.01.2022.
9. It is not the case where the respondent has any apprehension about the petitioner adversely affecting the trial of the case or influencing the prosecution witnesses. Petitioner is permanent resident of Village Karangoera, PO Bari-Majherwan, Tehsil Ghumarwain, District Bilaspur, H.P. and there is no likelihood of his absconding from the course of justice.
10. The trial of the case is likely to take considerable time. No fruitful purpose shall be served by keeping the petitioner ::: Downloaded on - 29/08/2022 20:04:35 :::CIS 5 in custody. Pre trial incarceration is not the rule. The involvement of the petitioner in many other cases cannot by itself be sole ground to reject his prayer in the instant petition. Petitioner is .
already on bail in all the cases reported against him.
11. In view of peculiar facts and circumstances of the case, the petition is allowed and the petitioner is ordered to be released on bail, in the event of his arrest in case FIR No. 220/2021, dated 25.11.2022, under Sections 21 and 29 of ND&PS, Act, registered at Police Station Sadar, District Bilaspur, H.P., on his furnishing personal bonds in the sum of Rs.25,000/-
with one surety in the like amount to the satisfaction of the Investigating/Arresting Officer/ learned Special Judge, Bilaspur.
This order shall be subject to following conditions:-
i) That the petitioner shall appear before the Court on each and every date of hearing.
ii) That the petitioner shall 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 from disclosing such facts to the Court or to the Police.
iii) That the petitioner shall not in any manner tamper with the prosecution evidence.
iv) That any indulgence of petitioner in similar offence during the continuance of this order shall entail cancellation of the bail granted to the petitioner.::: Downloaded on - 29/08/2022 20:04:35 :::CIS 6
v) That the petitioner shall not leave India till conclusion of trial without permission of the learned trial Court.
12. Any observation made herein above shall not be .
taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.
(Satyen Vaidya)
Judge
29th August, 2022
(sushma) r to
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