Himachal Pradesh High Court
Mehbar Mohammad Rafiq vs State Of Himachal Pradesh on 6 May, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
.
SHIMLA
Cr.M.P(M) No. 450 of 2015
Decided on : 6.5.2015
Mehbar Mohammad Rafiq .....Petitioner.
Versus
State of Himachal Pradesh ....Respondent.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Manoj Pathak, Advocate.
For the Respondent: Mr. Vivek Singh Attri, Deputy Advocate
General.
Sureshwar Thakur, J (oral)
The instant petition has been instituted by the bail petitioner under Section 439 Cr.P.C, for his being released from judicial custody wherein he is presently lodged, for his having allegedly committed offences punishable under Section 380, 420, 465, 468, 511 of Indian Penal Code & Section 84 of IT Act, in case FIR No. 49/2015 of 7.3.2015, registered at Police Station Sadar, District Shimla. Himachal Pradesh. 1 Whether reporters of the local papers may be allowed to see the judgment? ::: Downloaded on - 15/04/2017 18:07:26 :::HCHP
...2...
2. Status report has been filed. A close and .
circumspect perusal thereof divulges that the bail petitioner alongwith other co-accused had installed a spy camera above the ATM Machine card reader and a skimmer at the site where the ATM card is inserted in the ATM Machine. The aforesaid factum of installation of a spy camera above the ATM machine and of a skimmer at the site where the ATM card is inserted was noticed by the Bank Officials. The Bank official who fell upon the aforesaid machination contrived by the bail applicant alongwith other co-accused to facilitate hacking the accounts of the account holders of the bank concerned, constrained him to lodge an FIR against the bail applicant. The installation aforesaid at the instance of the bail applicant and the other co- accused would have mobilized the bail applicant and the other co-accused to acquire knowledge qua the bank accounts of the account holders in the bank concerned and would have enabled them to deplete the bank accounts of the account holders. The effect and ramifications of the act of the bail applicant and co-accused in case had gone unnoticed would have caused panic and would have been an imminent threat to the security of the accounts of the account holders in the ::: Downloaded on - 15/04/2017 18:07:26 :::HCHP ...3...
bank concerned. In sequel, given the magnitude and enormity .
of the offences which would have stood consummated, in case the installations aforesaid at the instance of the bail applicant at the bank concerned had gone unnoticed, constrains this court to not afford the facility of bail to the bail petitioner. Consequently, there is no merit in the petition, the same is accordingly dismissed.
6th May, 2015 ( Sureshwar Thakur ),
(priti) Judge.
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