Sameer Jain vs State Of H.P on 9 January, 2019

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Himachal Pradesh High Court

Sameer Jain vs State Of H.P on 9 January, 2019

Bench: Sureshwar Thakur

          IN THE HIGH COURT OF HIMACHAL PRADESH
                          SHIMLA
                                Cr.MP(M) No. 34 of 2019
                                Decided on : 9.1.2019




                                                                                .
    Sameer Jain                                                              .....Petitioner.





                                         Versus
    State of H.P.                                                            ....Respondent.
    Coram:





    The Hon'ble Mr. Justice Sureshwar Thakur, Judge.

    Whether approved for reporting?1





    For the petitioner:                           Mr. Ankush Dass Sood, Sr. Advocate
                                                  with Mr. Rakesh Kumar, Advocate.

    For the respondent:                           Mr. Hemant Vaid Addl. A.G. with
                           r                      Mr. Y.S. Thakur and Mr. Vikrant
                                                  Chandel, Dy. A.G., for the

                                                  respondent.

                                                  Mr. Padam Dev, I.O., P.S. Nahan is
                                                  present.



    Sureshwar Thakur, J (oral)

Through the instant application, cast, under the provisions 438, Cr.P.C., the, bail applicant seeks indulgence, of anticipatory bail being granted to him, given, his apprehending his arrest, for his allegedly committing, an, offence(s) punishable, under Section 420, and, Section 406 of the Indian Penal Code, in case FIR No. 153 of 2018 of 25.12.2018, registered at Police Station, Nahan, District Sirmour, H.P. 1 Whether reporters of the local papers may be allowed to see the judgment?

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2. The bailapplicant is an appraiser of a jewelery, and, .

gold ornaments with the bank concerned, and, on his making, a, purported erroneous valuation of the gold items, he is alleged to conspire, with, the principal borrower, in, the latter receiving a sum of Rs. 17,45,540/, from, the bank concerned. Since the loan stands disbursed, visavis, the principal borrower, and, submits that r to when the Investigating Officer, who is present before this Court, the relevant investigation not unveiling, qua, the principal borrower after disbursement, of, loan qua him, his disbursing a part thereof, to the bail applicant, thereupon hence at this stage, prima facie it is concludable qua the bailapplicant, not, conniving with or hence his sharing, any, criminal conspiracy with the principal accused.

3. Also, the Investigating Officer is present in the Court, and, has, reported that the bail applicant has rendered, the, fullest cooperation to him, in his making the relevant investigation, thereupon, bearing in mind the aforesaid factum, this Court deems it fit and appropriate, importantly, when the Investigating Officer has reported that the bail petitioner, has throughout associated himself, hence, in the relevant investigation, to, hence afford, the facility of bail in favour of the ::: Downloaded on - 10/01/2019 23:03:26 :::HCHP ...3...

bail applicant/petitioner. Moreso, when at this stage, no evidence .

has been adduced by the prosecution, demonstrating, that in the event of bail being granted to the bail applicant/petitioner, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, Accordingly, the indulgence of bail, is, granted to the bail applicant/petitioner, and, the order(s) rendered the following conditions: r to on 22.11.2018 in Cr.M.P(M) No. 35 of 2019, are, confirmed, on,

i) That he shall join the investigation, as and when required by the Investigating agency;

ii) That he 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 he shall not leave India without the previous permission of the Court;

iv) That he shall deposit his passport, if any, with the Police Station, concerned;

v) That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody.

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vi) That upon his reindulging in crime, thereupon the .

State is at liberty for motioning this Court, for cancellation of bail.

4. In view of above, petition stands disposed of. 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.

Dasti Copy.

(Sureshwar Thakur), 9 January, 2019 th Judge.

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Himachal Pradesh High Court