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Himachal Pradesh High Court · body

2013 DIGILAW 916 (HP)

JASKARAN SINGH v. STATE OF HIMACHAL PRADESH

2013-10-25

KULDIP SINGH

body2013
JUDGEMENT KULDIP SINGH, J. - 1. THIS is an application under Section 439 Cr.PC. for releasing the petitioner on bail in FIR No. 67 of 2013 dated 24.5.2013 registered at Police Station, Amb, District Una, H.P. under Sections 279, 337, 338, 304 -A, 489B, 489 -C and Section 34 IPC. Status report has been filed. 2. IT has been stated that the petitioner had been taken into custody on 22.8.2013 and since then he is in judicial lock -up. The petitioner is not involved in the commission of offence, though the vehicle belonging to him met with an accident at Amb. The police has created a story that petitioner caused accident and was carrying fake currency notes. The petitioner has not been connected with the offence. The fake currency notes allegedly recovered from the car do not show the involvement of the petitioner. The subsequent improvement of the police to show that the employees of the Petrol Pump at Amb had produced fake currency allegedly given to them by the car driver also is of no consequence. The petitioner has been falsely implicated in the case. The investigation in the case is complete, no recovery is to be made from the petitioner, but petitioner is still ready to cooperate in the investigation, if any. The co -accused has already been granted bail by the High Court. The bail application of the petitioner has been dismissed by Additional Sessions Judge -I, Una on 1.10.2013. The submission has been made for releasing the petitioner on bail. 3. THE bail application has been opposed on the basis of status report. It has been submitted that the petitioner is a member of gang, another accused Amarjeet Singh has gone underground and despite best efforts, he could not be arrested, accused Roop Lal has been released on bail by the High Court. The submission has been made for dismissing the bail application. 4. HEARD and perused the record. The petitioner earlier moved Cr.MP(M) No.11005 of 2013. Roop Lal also filed Cr.MP(M) No. 11038 of 2013, both the petitions were disposed of by a common judgment dated 21.6.2013. It has come in the judgment dated 21.6.2013 that even as per the petitioner Roop Lal is a labourer and he has nothing to do with the case. The petitioner has not denied the accident and the ownership of the car. It has come in the judgment dated 21.6.2013 that even as per the petitioner Roop Lal is a labourer and he has nothing to do with the case. The petitioner has not denied the accident and the ownership of the car. But according to petitioner, he has nothing to do with the commission of offence. As per the investigating agency, fake currency amounting to Rs.6,200/ - were recovered from the car owned by the petitioner. After the accident, the petitioner fled away from the spot and had gone underground, he could be arrested much later. Amarjeet Singh co -accused could not be arrested despite best efforts made by the police. The bail application moved by the petitioner earlier was dismissed by the High Court on 21.6.2013. Thereafter the petitioner moved another bail application which has also been dismissed by Additional Sessions Judge -I, Una on 1.10.2013. The circulation of fake currency is a serious matter, it affects the economy of the country. In granting bail, gravity and nature of the offence is a relevant factor. The dealings in fake currency under no circumstance can be taken lightly. As per the investigating agency, the petitioner not only was in possession of fake currency but he even used fake currency by purchasing fuel at the Petrol Pump where he gave fake currency notes to the salesman. He fled away from the Petrol Pump and involved the car in the accident in which lateron Mangat Ram died. The petitioner is not ordinarily resident of within the jurisdiction of the Court where he has committed the offence, co - accused Amarjeet Singh till now is not traceable. The prosecution has shown apprehension that in case the petitioner is released on bail, he will fled away. 5. IN the totality of the facts and circumstances of the case and keeping in view the gravity and nature of offence, it is not in public interest to release the petitioner on bail. Hence, petition is dismissed. 6. THE observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.