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2010 DIGILAW 426 (HP)

MUKESH SHARMA v. STATE OF H. P.

2010-03-08

SURINDER SINGH

body2010
JUDGMENT Surinder Singh, J.(Oral)-Petitioner is apprehending his arrest in FIR No. 5 of 2008, registered on 15.12.2008, under Sections 407, 420, 467, 468, 471, 120-B, Indian Penal Code and 13 (2) of Prevention of Corruption Act, in Police Station SV and ACB Kelong District Lahul Spiti (H.P.), precisely on the allegations that on 16.10.2007, truck bearing registration No. HR 37-A-1949 was loaded with 77 drums of Bitumen from Panipat Refinery to its destination PWD Store at Kaja. The said truck consignment is shown to have received at Kaja by the Junior Engineer on 16.10.2007 whereas it passed from Parwanoo on the same day. Kaja depot is at about 600 km. from Parwanoo Barrier and it cannot reach the destination on the same day. 2. I have perused the investigation file. Except the date below the signatures of the concerned J.E, at present there is nothing to implicate the petitioner. Thus to verify as to how the J.E. received the consignment on 16.10.2007 when on the same day, it is said to be at Parwanoo and also the shortage, if any. No recovery is to be effected from the petitioner. Therefore, his request of pre-arrest bail can be allowed, as such, the petitioner is hereby directed to be released on bail, in the event of his arrest on his furnishing bail bonds in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of the Investigating Officer and this bail shall be subject to the conditions that the petitioner:- (a) shall cooperate with the investigation of this case and shall present himself before the Investigating Officer on 15.3.2010 at 10 a.m. in the Vigilance Head Quarter, Shimla and report to Dy. S.P. Yog Raj, who is investigating the case. (b) shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. (c) Shall not misuse their liberty of bail in any way. In case they do so, the liberty of bail shall be cancelled. 3. Any observation made hereinabove is strictly for the disposal of this bail petition and shall not affect the merits of the case in any way. 4. The application stands disposed of.