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2014 DIGILAW 301 (HP)

Samar Singh v. State of Himachal Pradesh

2014-03-28

TARLOK SINGH CHAUHAN

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Judgment Tarlok Singh Chauhan, J. 1. The petitioner has moved this application under Section 439 of the Code of Criminal Procedure for the grant of bail as he is in custody in connection with FIR No.190 of 2013 dated 24.11.2013, registered at Police Station, Bhunter, District Kullu, under Sections 420, 467, 468,471, 472, 201,409 and 120B of the Indian Penal Code and 7,8,9,13 of the Prevention of Corruption Act. 2. The learned Additional Advocate General has placed on record the status report and Sanjay Sharma, Deputy Superintendent of Police (HQ), Kullu alongwith Investigating Officer, ASI Ram Lal, Police Station, Bhunter have produced the record of the case. 3. It appears that accused Revat Ram approached the Manager of the Union Bank of India, Bhunter for obtaining Agriculture Credit Card to the tune of Rs.15,00,000/-vide copy of jamabandi of Khasra numbers 372/179, 379/182, khata khatauni Nos.49/80, measuring 31-10-00 bighas, situated in Mauja Sansoi, Sub Tehsil Aut, District Mandi, H.P. 4. The bank granted agriculture limit of Rs.15,00,000/-on the basis of the aforesaid jamabandi to the accused Revat Ram. subsequently the bank made inquiry from the revenue authorities and it was found that the accused Revat Ram had produced fake and forged jamabandi and thereby cheated the bank by obtaining a loan of Rs.15,00,000/-. On the basis of these allegations FIR under section 420, 467, 468, 471, 472, 409 and 120B IPC was registered at Police Station, Bhunter, District Kullu vide FIR No.190 of 2013 dated 24.11.2013 at the instance of the bank Manager of Union Bank of India, Kullu Shri Narpat Ram. 5. During investigation, it was found out that the accused Dhani Ram and Revat Ram had got fake stamps of Patwari and Naib Tehsildar prepared from the petitioner at his printing press at Bhunter on the payment of Rs.80/- and with the help of such fake stamps they verified forged jamabandi and used the same to be genuine. The accused Hem Raj had also conspired in the commission of the offence as he was a retired manager of the bank and had helped the accused Labh Singh in securing the loan in question. During the course of investigation the applicant was arrested on 11.2.2014 and is presently in judicial custody. The applicant had filed a bail application before learned Sessions Judge, Kullu, which was registered as bail application No.0000134 of 2014 and the same was dismissed on 13.3.2014. 6. During the course of investigation the applicant was arrested on 11.2.2014 and is presently in judicial custody. The applicant had filed a bail application before learned Sessions Judge, Kullu, which was registered as bail application No.0000134 of 2014 and the same was dismissed on 13.3.2014. 6. Insofar, the petitioner/accused is concerned, the only allegation against him is that he without obtaining written instructions from the department had prepared rubber stamps of the Government Authorities like:- (i) The Executive Magistrate, Kullu. (ii) Revenue Officer (Rural), Patwar Circle, Shilihar, District Kullu. (iii) Naib Tehsildar, Sub Tehsil, Aut, Distt Mandi. (iv) Patwari Halqua, Patwar Circle, Up- Tehsil Aut, Distt Mandi. (v) Revenue Officer (Rural), Revenue Circle, Up-Tehsil Aut, Distt Mandi with the help of co-accused which ultimately was used for the preparation of forged and fictitious documents for obtaining the loan. 7. The investigation conducted so far reveals that he has charged Rs.80/-only for each stamp he prepared while there is no evidence suggesting that he also shared the loan amount obtained fraudulently with his co-accused. Therefore, in the light of the investigation carried out, sofar the involvement of the accused/petitioner, prima facie appears to be qua offence under Section 472 IPC which though is bailable. However, in view of the case registered under Sections 420, 467, 468 and 471, he has been booked in this case for the commission of non-bailable offence alongwith his co-accused. 8. The investigation is now complete and the challan also stands filed in the Court of learned Special Judge, Kullu. Moreover, co-ordinate Bench of this Court has already allowed the bail application of one of the co-accused i.e. Ashok Kumar Bodh vide order dated 27.3.2014 passed in Cr.MP(M) No.319 of 2014. The same and similar allegations as levelled against the accused/petitioner herein have been levelled against Ashok Kumar. I find no reason as to why the accused/petitioner should also not be meted out with the same treatment. Moreover, taking into consideration that the petitioner is permanent resident of village Sarabhai, Post Office Bhunter, District Kullu he can reasonably be believed to have roots in the society. I, therefore, see no reason that he will abscond or jump over the bail and will not be available at the time of trial. Otherwise also, in order to secure his presence, his movements can be restricted by imposing appropriate conditions upon him. 9. The application, therefore, is allowed. I, therefore, see no reason that he will abscond or jump over the bail and will not be available at the time of trial. Otherwise also, in order to secure his presence, his movements can be restricted by imposing appropriate conditions upon him. 9. The application, therefore, is allowed. Consequently, it is ordered that the accused-petitioner, who has been arrested in connection with the case registered against him vide FIR No.190 of 2013 in Police Station, Bhunter, District Kullu, if not required in any other case, be released on bail subject to his furnishing personal bond in the sum of Rs.Rs.2,00,000/- with one surety in the like amount to the satisfaction of learned Special Judge, Kullu and shall abide by further conditions that: He shall: (a) Regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application. (b) Not tamper with the prosecution evidence nor make any inducement, threat or promises 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. (c) Not leave the territory of India without the prior permission of the Court. Learned Chief Judicial Magistrate, Kullu is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG/MISc. Instructions/93-IV.7139 dated 18.3.2013. 10. It is clarified that if the petitioner misuses the 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. 11. The 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. The application stands accordingly disposed of. Copy Dasti.