Himachal Pradesh High Court
Between vs State Of Himachal Pradesh on 20 September, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 20th DAY OF SEPTEMBER, 2021 .
BEFORE HON'BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) NO.1653 OF 2021 Between:-
AMANPREET SINGH AGED ABOUT 21 YEARS, S/O SH. JEEWAN SINGH, R/O VILLAGE NABHA SAHIB, P.O. DIALPURA, TEHSIL DERRA BASI, DISTRICT SAS NAGAR, MOHALI, PUNJAB .....PETITIONER (BY S/SH.AJAY SIPAHIYA AND AMIT SHARMA, ADVOCATES) AND STATE OF HIMACHAL PRADESH ...RESPONDENT (BY SH.ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL) (SUB INSPECTOR YADAV CHAND, POLICE STATION PARWANOO, DISTRICT SOLAN, H.P., PRESENT IN PERSON ON 16.09.2021) CRIMINAL MISC. PETITION (MAIN) NO.1654 OF 2021 Between:-
MANDEEP SINGH AGED ABOUT 31 YEARS, S/O SH. JAGTAR SINGH, R/O V.P.O. BANUR, TEHSIL & DISTRICT SAS NAGAR .....PETITIONER MOHALI, PUNJAB.
(BY S/SH.AJAY SIPAHIYA AND AMIT SHARMA, ADVOCATES) AND STATE OF HIMACHAL PRADESH (BY SH.ANIL JASWAL, ADDITIONAL ...RESPONDENT ADVOCATE GENERAL) ::: Downloaded on - 31/01/2022 23:05:43 :::CIS 2 (SUB INSPECTOR YADAV CHAND, POLICE STATION PARWANOO, DISTRICT SOLAN, H.P., PRESENT IN PERSON ON 16.09.2021) .
CRIMINAL MISC. PETITION (MAIN) NO.1655 OF 2021 Between:-
GURMIT SINGH
AGED ABOUT 48 YEARS,
S/O SH. HARBANS SINGH,
R/O V.P.O. BANUR,
TEHSIL & DISTRICT SAS NAGAR
.....PETITIONER
MOHALI, PUNJAB.
(BY S/SH.AJAY SIPAHIYA AND AMIT
SHARMA, ADVOCATES)
AND
STATE OF HIMACHAL PRADESH
(BY SH.ANIL JASWAL, ADDITIONAL ...RESPONDENT
ADVOCATE GENERAL)
(SUB INSPECTOR YADAV CHAND,
POLICE STATION PARWANOO,
DISTRICT SOLAN, H.P PRESENT IN
PERSON ON 16.09.2021)
CRIMINAL MISC. PETITION (MAIN) NO.1656 OF 2021 Between:-
PRADEEP SINGH AGED ABOUT 22 YEARS, S/O SH. HARNEK SINGH, R/O VILLAGE NADIALI, P.O. BANUR, TEHSIL & DISTRICT SAS NAGAR MOHALI, PUNJAB.
.....PETITIONER (BY S/SH.AJAY SIPAHIYA AND AMIT SHARMA, ADVOCATES) AND STATE OF HIMACHAL PRADESH (BY SH.ANIL JASWAL, ADDITIONAL ...RESPONDENT ADVOCATE GENERAL) (SUB INSPECTOR YADAV CHAND, POLICE STATION PARWANOO, DISTRICT SOLAN, H.P., PRESENT IN PERSON ON 16.09.2021) ::: Downloaded on - 31/01/2022 23:05:43 :::CIS 3 CRIMINAL MISC. PETITION (MAIN) NO.1658 OF 2021 Between:-
SUKHWINDER SINGH AGED ABOUT 45 YEARS, .
S/O SH. GURNAM SINGH,
R/O V.P.O. BANUR,
TEHSIL & DISTRICT SAS NAGAR
.....PETITIONER
MOHALI, PUNJAB.
(BY S/SH.AJAY SIPAHIYA AND AMIT
SHARMA, ADVOCATES)
AND
STATE OF HIMACHAL PRADESH
(BY SH.ANIL JASWAL, ADDITIONAL ...RESPONDENT
ADVOCATE GENERAL)
(SUB INSPECTOR YADAV CHAND,
POLICE STATION PARWANOO,
DISTRICT SOLAN, H.P., PRESENT IN
PERSON ON 16.09.2021)
Whether approved for reporting?
These petitions coming on for orders this day, the Court passed the following:
JUDGMEMT These bail petitions being decided by this common judgment as common question of facts and law are involved in these petitions are to be adjudicated in these petitions.
2. Petitioners have approached this Court by invoking provisions of Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), seeking regular bail in case FIR No.60 of 2021, dated 25.07.2021, registered in Police Station Parwanoo, District Solan, H.P., under Sections 489B and 489C read with Section 34 of the Indian Penal Code (in short 'IPC').
::: Downloaded on - 31/01/2022 23:05:43 :::CIS 43. Status reports stand filed and record was also produced on 16.09.2021.
4. As per prosecution case, on 25.07.2021 complainant .
Sukhdev Sharma working as a Manager in Chandel Filling Station Koti, District Solan, H.P., had submitted a complaint stating therein that on that day, at about 7.30 p.m. driver of a Accent Car No.CH03K-4066, with five occupants therein, had filled petrol in their car for `1130/- and for payment thereof, driver of the car had handed over two notes of `500/- each, one `100/-
note, one `20/- note and one `10/- note. The moment salesman Sudama checked the notes, he found that both notes of `500/-
were having one and the same number SMM337518 and realizing that these notes were fake, salesman had shouted for stopping the car, but the driver had fled from the spot by driving his vehicle towards Pinjore-Parwanoo. The salesman had narrated the incident to complainant immediately, whereupon complainant informed Police Station Parwanoo telephonically and tried to chase the vehicle on motorcycle. For heavy traffic on the National Highway NH 05, police had stopped the car of petitioner-accused at TTR bye-pass Parwanoo and persons sitting in the car had disclosed their names as Gurmit Singh, Mandeep Singh, Sukhwinder Singh, Amanpreet and Pradeep Singh.
5. On the basis of complainant, FIR was registered and petitioners were interrogated and arrested for commission of offences under Sections 489B and 489C read with Section 34 IPC.
As per prosecution case, during jamatalashi of Mandeep two ::: Downloaded on - 31/01/2022 23:05:43 :::CIS 5 notes of denomination of `200/- having the same serial number 5EU250252 were also recovered.
6. It is stated in the status reports that during .
interrogation, it was disclosed by Mandeep Singh, who was driving the car that he was earning his livelihood by doing work of hoarding and wallpaper affixation and he had received notes from some unknown person against payment for work done by him and he had tried to circulate these notes in Punjab, but he did not succeed and he had come to Himachal Pradesh as a tourist alongwith his companions on 25.07.2021 and after filling petrol from the Petrol Pump, he had made payment with two notes of `500/- each alongwith other notes and when salesman was counting the notes he drove his vehicle towards Chandigarh for fleeing from the spot. According to prosecution case, Mandeep and his companions did not stop the vehicle despite hearing calls of the salesman and all persons were knowing about the fake currency paid to the salesman at the Petrol Pump.
7. It is also stated in the status reports, that on 26.07.2021 petitioners were remanded to the police custody for two days and thereafter they were sent in judicial custody on 28.07.2021. During police custody of petitioners-accused, they were interrogated and house of Mandeep Singh was also raided and searched on 27.07.2021, but during search nothing objectionable was found in his house.
8. Petitioners had also approached learned Additional Sessions Judge-II, Solan, District Solan, H.P., by filing bail ::: Downloaded on - 31/01/2022 23:05:43 :::CIS 6 applications for enlarging them on bail, which were dismissed on 21.08.2021.
9. It has been submitted by learned counsel for the .
petitioners that petitioner Mandeep Singh is a poor labourer and Amanpreet is a student of Bachelor of Computer Applications, three years Regular Program in SUS College of Research and Technology, Tangori, Mohali and presently he is in 5th Semester.
Documents to substantiate this plea have also been placed on record. It has further been stated that petitioners are not involved in crime covered under Sections 489B and 489C of IPC, but being a poor man Mandeep was not in a position to throw away the notes of fake currency received by him against payment of his labour and, therefore, innocently without visualizing the effect thereof and realizing seriousness of the offence, he had tried to circulate these notes in the market and, therefore, it has been submitted that offence has been committed by petitioner Mandeep Singh for ignorance. Whereas, it has been submitted that other petitioners-accused were having no any knowledge about the nature of currency being possessed by Mandeep Singh.
10. It has further been stated that from the raid conducted by the police party in the house of petitioner-accused Mandeep Singh nothing has been found there which establishes that it is not a case of hardcore criminals indulged in fabrication or smuggling of fake currency, but is a case where petitioner Mandeep had tried to circulate two notes received by him from ::: Downloaded on - 31/01/2022 23:05:43 :::CIS 7 someone else and other petitioners, without having such knowledge, were accompanying him in a tour to Himachal Pradesh. Therefore, it has been prayed that petitioners may be .
released on bail, at this stage, and they are ready to furnish personal bonds as well as local sureties.
11. Learned counsel for the petitioners has submitted that though for commission of offences under Sections 489B and 489C IPC imprisonment for life has been prescribed, but at the same time, sentence with imprisonment of either description for a term which may extend to ten years and/or fine. No minimum sentence has been provided under these sections.
12. It is also submitted by learned counsel for the petitioners that petitioners have no role in fabricating fake currency, but whosoever has done this, it appears, that he has done it by photostating the original notes and further that had it would have done by petitioners, then they would not have given both notes with one and the same serial number to one and the same person, rather would have tried to circulate these notes separately to different persons.
13. Considering entire material on record but without assessing it on merit and also considering principles and factors relevant to be considered at the time of deciding bail applications with reference to aforesaid facts and circumstances placed before me, and submissions made by learned counsel for the petitioners as well as learned Additional Advocate General, I find that at this stage, petitioners are entitled for bail.
::: Downloaded on - 31/01/2022 23:05:43 :::CIS 814. Accordingly, petitions are allowed and petitioners are enlarged on bail in case FIR No.60 of 2021, dated 25.07.2021, registered in Police Station Parwanoo, District Solan, H.P., on .
their furnishing personal bonds in the sum of `35,000/- each with one local surety each in the like amount, to the satisfaction of the trial Court, within two weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioners/accused at the time of trial and also subject to following conditions:-
(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required;
(ii) that the petitioners 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 them from disclosing such facts to Court or to any police officer or tamper with the evidence.
They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
(iii) that the petitioners shall not obstruct the smooth progress of the investigation/trial;
(iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;
(v) that the petitioners shall not misuse their liberty in any manner;
(vi) that the petitioners shall not jump over the bail;
(vii) that in case petitioners indulge in repetition of similar offence(s) then, their bail shall be liable to be ::: Downloaded on - 31/01/2022 23:05:43 :::CIS 9 cancelled on taking appropriate steps by prosecution;
(viii) that the petitioners shall not leave the territory of India without prior permission; and .
(ix) that the petitioners shall inform the Police/Court their contact numbers and shall keep on informing about change in addresses and contact numbers, if any, in future.
15. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.
16. In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.
17. Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc.
Instructions/93-IV.7139 dated 18.03.2013.
18. Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
19. Petitions are disposed of in aforesaid terms.
::: Downloaded on - 31/01/2022 23:05:43 :::CIS 1020. Petitioners are permitted to produce a copy of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said .
authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.
(Vivek Singh Thakur), Judge.
September 20, 2021
(Purohit)
r to
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