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2013 DIGILAW 202 (HP)

CHINT RAM v. STATE OF HIMACHAL PRADESH

2013-04-01

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. 1. SI Shri Nitin Chouhan, is present alongwith the record. 2. Interim bail already stands granted to the accused on 7.3.2013. The same was extended in terms of order dated 14.3.2013. Status report perused and taken on record. 3. Pursuant to the orders passed by this Court, accused-petitioner has joined investigation. He has fully cooperated. 4. It is seen that on 9.11.2012 when police recovered 60 bags of cement, allegedly allotted for the purpose of construction of Swahan Project, i.e. a public work, Smt. Kanta Devi made a statement that the bags were sold to her by one Shri Mukesh Patial, in whose vehicle the same were transported from the project site to her house. Lateron, i.e. after a period of two days, when Smt. Kanta Devi was arrested she changed her stand and disclosed that in fact the goods were sold by the present accused-petitioner, i.e. Shri Chint Ram. On a query, it has been so disclosed by Shri R.S. Verma, learned Additional Advocate General that for these two days police did not take any action against Shri Mukesh Patial, who in fact is Up-Pradhan of the area. Why no action has been taken against said Shri Mukesh Patial has not been so disclosed. That apart, Shri Mukesh Patial has now been cited as a witness. 5. SI Shri Nitin Chouhan, the Investigating Officer, who is present in the Court, submits that the investigation is almost complete and Challan is likely to be filed in the Court. Under these circumstances, interim orders dated 7.3.2013 as also 14.3.2013 are made absolute with the following additional conditions:- i) That the petitioner shall join further investigation, if any, as and when called upon. ii) That the petitioner shall not tamper with the prosecution evidence during trial. iii) That the petitioner shall not leave the country without prior permission of the trial Court. iv) That the petitioner shall not try to influence the witnesses or in any manner contact them. The petition is disposed of.