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2014 DIGILAW 622 (HP)

Summer Singh v. State of Himachal Pradesh

2014-05-22

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, J. Learned Additional Advocate General has placed on record the status report and Investigating Officer, Police Station, Bhunter, District Kullu, has produced the record. 2. Heard. 3. Petitioner apprehends his arrest in connection with a case registered against him vide FIR No.35/14 under Sections 420, 467, 468, 472, 471 read with Section 120-B of the Indian Penal Code, in Police Station, Bhunter, District Kullu. He is proprietor of Vipna Printing Press, Bhunter. The investigation conducted at this stage reveals that the stamp of Patwari, Patwar Circle Jari, used for issuance of jamabandi for the year 2005-06, pertaining to land entered in Khewat/Khatauni No.205/341 and 349, Mouza Jari, Tehsil Bhunter, District Shimla, was forged and fictitious, allegedly prepared by principal accused Khimi Ram in connivance with the accused-petitioner. This Jamabandi, as a matter of fact, was produced by principal accused Khimi Ram in Manikaran Branch of Central Bank of India for obtaining loan. The bank authorities referred this document to Shri Uttam Parmar, Advocate for verification qua its authenticity and genuineness. It is principal accused Khimi Ram, who himself took the Jamabandi to Shri Uttam Parmar, Advocate. Mr. Parmar visited Patwari, Patwar Circle, Jari to ascertain the genuineness and authenticity thereof. Shri Suresh Chand, who is Patwari and complainant also, after due verification from the record has found the Jamabandi to be forged and fictitious document being not issued by him nor bears his signatures. Knowing all this, the principal accused fled away from the Patwarkhana. The report, however, was lodged by the Patwari with the police, which has led in registration of the aforesaid case. 4. Principal-accused Khimi Ram and Sunehar Singh, Secretary Gram Panchayat, Chhainyur have since been arrested in this case and are in judicial custody. This is not the only case, however, seven more cases of similar nature with the accused-petitioner as one of the accused, have been registered in Police Station, Bhuntar. The accusedpetitioner was arrested by the police in those cases on 2.2.2014 and after his custodial interrogation as well as remand in judicial custody was released on bail on 31.3.2014 consequent upon an order passed to this effect by a coordinate Bench of this Court in the application he filed for grant of bail. The role of the accused-petitioner is only qua preparation of the alleged forged and fictitious stamp of Patwari, Patwar Circle, Jari. The role of the accused-petitioner is only qua preparation of the alleged forged and fictitious stamp of Patwari, Patwar Circle, Jari. The offence he allegedly committed being punishable under Section 472 IPC is though bailable offence, however, since he has been booked with the help of Section 120-B IPC and the case has been registered for the commission of non-bailable offence also, therefore, the accused-petitioner has apprehension of being arrested in this case. 5. Learned counsel submits that the accused petitioner has only received Rs.80/- for preparation of the alleged forged and fictitious stamp and also that there is no evidence, suggesting that he would have shared the loan amount, had the principal accused succeeded in getting the same sanctioned. He also submits that in similar cases the accused-petitioner was arrested and interrogated also. It has, therefore, been urged that the accused petitioner be admitted on bail. The submission so made finds considerable force for the reason that no recovery is to be effected from the accused petitioner in this case. He has been interrogated in custody in similar cases in which he is also one of the accused. Above all, he belongs to District Kullu and can reasonably be believed to have roots in the society. Therefore, there is no possibility of his absconding or fleeing away from justice. There may also be no difficulty in procuring his presence for the purpose of further interrogation, if required. This application, therefore, succeeds and the same is accordingly allowed. Above all, he belongs to District Kullu and can reasonably be believed to have roots in the society. Therefore, there is no possibility of his absconding or fleeing away from justice. There may also be no difficulty in procuring his presence for the purpose of further interrogation, if required. This application, therefore, succeeds and the same is accordingly allowed. It is ordered that in the event of the arrest of the accused-petitioner in connection with the case aforesaid, he shall be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Arresting Police Officer/Investigating Officer and shall abide by further conditions that: He shall; (a) make himself available for the purpose of 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; (b) not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; (c) not 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; and (d) not leave the territory of India without the prior permission of the Court. 8. 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. 9. 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.