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2014 DIGILAW 107 (HP)

Kartar Singh v. State of H. P.

2014-02-03

DHARAM CHAND CHAUDHARY

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JUDGMENT : Dharam Chand Chaudhary, J. - Accused-petitioner apprehends his arrest in connection with a case registered under Sections 409 and 420 of the Indian Penal Code on 29.08.2013 vide FIR No. 15/13 in Police Station, Pooh, District Kinnaur, H.P. 2. Record produced by ASI Gian Chand, Police Station, Pooh reveals that the accused-petitioner is a Clerk and was posted as In-charge in the godown of the Corporation at Pooh and Chango. A complaint against him came to be made by one Sh. Vinod Kumar, an employee of the Corporation posted in its L.P.G agency at Pooh on 24.08.2013. On investigation, the accused- petitioner is found to have embezzled Rs. 5,54,554.00 in respect of various items i.e. cement, sugar, rice, wheat flour, oil, mustard oil etc. etc. entrusted to him by the Corporation for distribution/ sale. 3. Learned Additional Advocate General, on instructions, submits that after the registration of the case, the accused-petitioner absconded and irrespective of the efforts made to trace him out at the places where he would have been present, the police failed to locate him. The present, therefore, is stated to be a case where custodial interrogation of the accused petitioner is required. 4. Be it stated that the case against the accused-petitioner has been registered long back in the month of August, 2013. The police, therefore, seem to have not made frantic efforts either to arrest him or otherwise associate him in the investigation of the case. He, however, has embezzled lakhs of rupees by misappropriating various articles entrusted to him in the capacity of in-charge of the godown of the Corporation at Pooh and Chango. He, therefore, has committed an offence which not only affects an individual but the society as a whole. The police has to put the record pertaining to the alleged embezzlement to him. Besides, he is required to be interrogated intensively in custody so that the actual and factual position could be ascertained. However, there is substance in the submissions made by learned counsel that after custodial interrogation of the accused-petitioner for a specific period, he may be ordered to be released on bail. 5. Being so, there shall be a direction to the accused-petitioner to surrender today itself before the IO, ASI Gian Chand, Police Station, Pooh. The IO shall take him to Police Station and interrogate him there in custody till 09.02.2014. 5. Being so, there shall be a direction to the accused-petitioner to surrender today itself before the IO, ASI Gian Chand, Police Station, Pooh. The IO shall take him to Police Station and interrogate him there in custody till 09.02.2014. Thereafter, the accused petitioner will be released on bail on 10.02.2014 subject to his furnishing personal bond in the sum of Rs. 1,00,000(one lakh) with two sureties in the like amount to the satisfaction of learned Chief Judicial Magistrate, Kinnaur at Reckong Peo/Judicial Magistrate, Rampur. The accused-petitioner shall further abide by the following conditions that he shall:- (a) make himself available for interrogation as and when required and shall co-operate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end and he shall regularly attend the trial Court on each and every hearing if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (b) not temper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer. (d) not leave the territory of India without the prior permission of the Court. 6. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 7. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. 8. The petition stands disposed of.