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Himachal Pradesh High Court · body

2009 DIGILAW 1352 (HP)

NARENDER SINGH v. STATE OF HIMACHAL PRADESH

2009-12-28

KULDIP SINGH

body2009
JUDGMENT Kuldip Singh, J.(Oral)- This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No.102, dated 07.12.2009, registered at Police Station, Parwanoo, District Solan, H.P., under Section 61 of the Punjab Excise Act as applicable to the State of Himachal Pradesh. The status report has been filed. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that the petitioner is running a shop and Flour Mill at Masoolkhana at Parwanoo-Tharugarh Road. On 07.12.2009, at about 7:00 p.m., the petitioner had some altercation with one person who was trying to open the window of the car owned by the father of the petitioner. The said person attacked the petitioner and gave him beatings. Upon hearing the hue and cry raised by the petitioner, local residents intervened and the said person ran away from the spot. 3. After about one hour, said person came alongwith 15-20 police officials and in the scuffle suffered some injuries. The petitioner and his friends were threatened to be implicated in a case and they would be arrested. On the next day, father of the petitioner was called at Police Station, Parwanoo and he was threatened that a case under Section 353, 332/34 I.P.C. has been registered against the petitioner. The petitioner filed application under Section 438 Cr.P.C. in the Court at Solan. Lateron during the pendency of the bail application, the police officials disclosed that a separate F.I.R. under Section 61 of the Punjab Excise Act as applicable to the State of Himachal Pradesh, has been registered against the petitioner. The case against the petitioner under the Punjab Excise Act is false. The application filed by the petitioner for releasing him on bail in excise case has been rejected by the learned Additional Sessions Judge, Fast Track Court, Solan, on 14.12.2009. The petitioner is innocent. He has committed no offence. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. 4. The bail application has been opposed by the learned Assistant Advocate General on the basis of status report. In the status report, it has been stated that on 07.12.2009, at about 6:15 p.m., Head Constable Ashok Kumar was present at place Naryal Masoolkhana alongwith other police officials. 4. The bail application has been opposed by the learned Assistant Advocate General on the basis of status report. In the status report, it has been stated that on 07.12.2009, at about 6:15 p.m., Head Constable Ashok Kumar was present at place Naryal Masoolkhana alongwith other police officials. He got a secret information that Narender alias Happy had kept illicit liquor in bushes above the road slightly ahead of his Flour Mill for purposes of sale to his customers. On this information, the place was raided and 37 bottles of country liquor and beer were recovered from that place. The sampling and sealing was done on the spot. Head Constable Ashok Kumar directed Santosh Singh and Ram Lok to hide themselves near Flour Mill of the petitioner, so that in case the petitioner tries to run away he is overpowered. The police party waited for the arrival of the petitioner on the spot. After some time, Canter No.HP-63-2209 came on the spot and the petitioner came out of the vehicle. The petitioner entered into the bushes for lifting the liquor. The petitioner was caught by Head Constable Ashok Kumar. The petitioner tried to run away from the spot and had scuffle with H.C. Ashok Kumar. The companions of the petitioner sitting in the vehicle came out and they gave beatings to Head Constable Ashok Kumar with kick and fist blows and ran away from the spot in Canter. Head Constable Ashok Kumar sustained injuries. On these basis, the case was registered. 5. The learned Assistant Advocate General, has stated that in FIR No.102 of 2009, the investigation is complete. He has also submitted that FIR No.103 of 2009 under Section 353, 332/34 I.P.C. has been separately registered against the petitioner and other co accused and all accused in FIR No.103 of 2009 have been released on bail by the learned Additional Sessions Judge, Fast Track Court, Solan, on 14.12.2009. The learned Assistant Advocate General, has prayed for dismissal of the bail application. 6. I have considered the submissions made by the learned counsel for the parties. The case of the Investigation Agency, in brief, is that on secret information, the place was raided by the police and 37 bottles of country liquor and beer were recovered. The learned Assistant Advocate General, has prayed for dismissal of the bail application. 6. I have considered the submissions made by the learned counsel for the parties. The case of the Investigation Agency, in brief, is that on secret information, the place was raided by the police and 37 bottles of country liquor and beer were recovered. The police was having the information that the petitioner sells liquor to his customers which he keeps in the bushes just near his Flour Mill. On raid, the liquor bottles were recovered and the police party waited for the petitioner at the place. The petitioner came there in a Canter for lifting the liquor from the bushes and scuffle took place in between Head Constable Ashok Kumar, petitioner and his companions in which Head Constable Ashok Kumar sustained injuries. The police has registered separate case being FIR No.103 of 2009 for this incident. The accused in FIR No.103 of 2009 have been released on bail. 7. The investigation in FIR No.102 of 2009 is complete. The recovery has already been made. It is the case of the Investigating Agency that liquor was recovered from the bushes and not from Flour Mill or shop of the petitioner. The petitioner has joined the investigation. It has not been contended that petitioner is not cooperating in the investigation, nor it has been contended for what purpose custodial interrogation of the petitioner is required. In these circumstances, custodian interrogation of the petitioner is not necessary. The petitioner has made out a case for grant of bail under Section 438 Cr.P.C. Accordingly, application is allowed. In the event of arrest, in FIR No.102 of 2009, registered at Police Station, Parwanoo, District Solan, H.P., under Sections 61 of the Punjab Excise Act as applicable to the State of Himachal Pradesh, the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the conditions that petitioner shall continue to join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner and shall fully co-operate in the investigation. 8. 8. The observations made in this order are for disposal of this application only and the same shall not be construed as expression of opinion on the merits of the case. on usual terms.