Himachal Pradesh High Court
Surinder Sharma vs State Of Himachal Pradesh on 21 June, 2019
Author: Anoop Chitkara
Bench: Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
Cr.MP(M) No.1048 of 2019 Reserved on : 18-06-2019 Date of decision: 21st June,2019 Surinder Sharma ... Petitioner.
Versus
State of Himachal Pradesh
r to ...Respondent
Coram:
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting? No For the Petitioner : Mr. Inder Singh Chandel, Advocate For the Respondent : Ms. Ritta Goswami, Additional Advocate General, Ms. Divya Sood, Deputy Advocate General and Mr. Manoj Bagga, Assistant Advocate General.
Anoop Chitkara, Judge The present petition is under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in FIR No. 89 of 2019 dated 6-6-2019, registered at Police Station, Theog, District- Shimla, H.P. under Section 420 of the Indian Penal Code.
::: Downloaded on - 28/09/2019 23:47:19 :::HCHP 22. ASI Chet Ram, of Police Post-Deha, Police Station-
.
Theog, Distt. Shimla, HP was present at the time of hearing.
He had filed status report and had also brought the police file.
I have seen the status report as well as the police file to the extent it was necessary for the purpose of the present petition and the same stands returned to the police official.
Status report is also taken on record.
3. Learned Counsel for the petitioner states that accused had joined the investigation as and when the Investigating Officer so directed him. Ld. Additional Advocate General did not dispute this averment.
4. I have heard learned counsel for the parties and have also gone through the status report.
5. The gist of the First Information Report and the investigation is as follows:-
a) The brief of the prosecution is that the complainant Mohan Singh Thakur gave a written complaint to Police Post- Deha, Police Station Theog, District- Shimla, Himachal Pradesh, in which complainant stated that on 6-6-2019, he sent the cash ::: Downloaded on - 28/09/2019 23:47:19 :::HCHP 3 amount through a government bus bearing No. HP64A-3711 from Pulwahan to Shimla.
.
b) That at around 8:40 p.m. Surender Sharma, the bail petitioner, told the bus driver that he was sent by the contractor, Mohan Singh and asked him to collect the cash. He further told him that excise check post on route at Shimla is erected and the papers have to be taken in advance to get these cleared.
c) There was cash amounting of Rs.
53240/- in the bag.
d) After completion of investigation the offence punishable under Sections 417 & 420 of the Indian Penal Code is found to have been committed.
6. Mr. I.S.Chandel, the learned counsel for the bail petitioner has placed reliance upon the judgment passed by the constitution Bench of Supreme Court titled as Gurbaksh Singh Sibbia v. State of Punjab, 1980 (2) SCC 565,wherein five Judges Bench holds:
"4. ... .... We considered carefully the question of laying down in the statute certain ::: Downloaded on - 28/09/2019 23:47:19 :::HCHP 4 conditions under which alone anticipatory bail could be granted. But we found that it may not .
be practicable to exhaustively enumerate those conditions; and moreover, the laying down of such conditions may be construed as prejudging (partially at any rate) the whole case. Hence we would leave it to the discretion of the court and prefer not to fetter such discretion in the statutory provision itself. Superior Courts will, undoubtedly, exercise their discretion properly, and not make any observations in the order granting anticipatory bail which will have a tendency to prejudice the fair trial of the accused."
7. The petitioner has joined investigation. Keeping in view, the amount involved and the fact that the Investigating Officer has yet to collect the sale vouchers to establish that in fact the amount mentioned in the bag was the sale consideration, so no purpose would be served by sending the petitioner to Judicial custody.
8. In the status report, there is no mention of previous criminal history of the bail petitioner. The petitioner is permanent resident of address mentioned in memo of ::: Downloaded on - 28/09/2019 23:47:19 :::HCHP 5 parties. Therefore, presence of petitioner can always be .
secured.
9. In the result the present petition is allowed. In the event of arrest of the petitioner, he shall be released on bail, in connection with the FIR mentioned above, on his furnishing personal bond in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the Arresting Officer.
10. It is clarified that the present bail order is only with respect to the above mentioned FIR. It shall not be construed to be a blanket order of bail in all other cases, if any, against the Petitioner.
11. This Court is granting the protection subject to the conditions mentioned in this order. The petitioner undertakes to comply with all directions given in this order and the furnishing of bail bonds by the petitioner is acceptance of all such conditions:
1. The petitioner is directed to join the investigation as and when called by the Investigating Officer. It shall be open for the Investigating Officer to call him as and when he feels such a ::: Downloaded on - 28/09/2019 23:47:19 :::HCHP 6 necessity. The petitioner undertakes to appear before the Investigating .
Officer as and when directed to do so. However, whenever the investigation takes place within the boundaries of the Police Station or Police Post, then the Petitioner shall not be called before 9 A.M and shall be let off before 5 p.m.
2. The Petitioner shall neither influence nor try to control the investigating officer, in any manner whatsoever.
3. The petitioner undertakes not to contact the complainant, to threaten or browbeat him or to use any pressure tactics.
4. The petitioner undertakes not to make any inducement threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
5. The Petitioner shall not hamper the investigation.
::: Downloaded on - 28/09/2019 23:47:19 :::HCHP 76. In case of the launching of the prosecution, the petitioner undertakes .
to attend the trial and to appear before the Court which issues the summons or warrants and shall furnish fresh bail bonds to the satisfaction of such Court.
12. Petition is allowed in the aforesaid terms.
Dasti Copy.
(Anoop Chitkara) Judge June 21st , 2019 (NK) ::: Downloaded on - 28/09/2019 23:47:19 :::HCHP