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2018 DIGILAW 109 (HP)

Jasbir Singh v. State Of Himachal Pradesh

2018-01-09

CHANDER BHUSAN BAROWALIA

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JUDGMENT Chander Bhusan Barowalia, J —The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release in case FIR No. 129 of 2017, dated 23.11.2017, under Section 411 and 414 of Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and Section 13(2) of PC Act, Police Station Bharari, District Bilaspur, H.P. 2. As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail. 3. Police report stands filed. As per the prosecution, 14.05.2017 police took into possession a wanted vehicle, having registration No. PB10 DM-9590, from the petitioner. The petitioner could not produce any document qua the vehicle. The petitioner was informed twice to produce the documents of the vehicle, but he did not produce the same. As per the report from District Transport Authority, Ludhiana, the registration of the above vehicle was cancelled as the same was reported as total loss in an accident. The report further revealed that Engine No. of vehicle having registration No. PH10DM-9590 was 17081 and Chassis No KC2A60206, however, the vehicle which was taken into possession by the police has Engine No. KC94H27628 and Chassis No. MAIXU2KCN92H72699. It was further unearthed that vehicle having Engine No. KC94H27628 and Chassis No. MAIXU2KCN92H72699 was purchased by one Gurvinder Pal Singh of Aman Nagar, Sader Road, Jalandhar, Punjab, in the year 2009 and the same was stolen. The actual registration No. of the vehicle is PB 08BM-255. Therefore, it was found that the petitioner was plying a stolen vehicle and thus a case was registered against him and the investigation ensued. During the course of investigation it was revealed that accused Sohan Singh purchased the vehicle in question from one Ashwani Kumar, son of Shri Vijay Kumar, House No. 105, Basti Baba Khel, Tehsil and District Jalandhar and Sohan Singh has been enlarged. In the month of December, 2013, the vehicle was with the petitioner. The investigation further revealed that on 09.09.2014 said Ashwani Kumar has expired and his wife showed ignorance about the vehicle in question. As per the prosecution, the custody of the petitioner is required to ascertain the truth. In the month of December, 2013, the vehicle was with the petitioner. The investigation further revealed that on 09.09.2014 said Ashwani Kumar has expired and his wife showed ignorance about the vehicle in question. As per the prosecution, the custody of the petitioner is required to ascertain the truth. Lastly, the prosecution has prayed for dismissal of the petition. 4. Heard. The learned counsel for the petitioner has argued that the petitioner is innocent and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that the petitioner is resident of the place. Conversely, learned Deputy Advocate General has argued that still some documents have to be recovered from the petitioner, so the application of the petitioner may be dismissed. 5. I have gone through the rival contentions of the parties and the police report in detail. 6. At this stage taking into consideration the facts that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, he is resident of the place and after analyzing all the material, which has come on record, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the present petition is allowed and it is ordered that the petitioner be released on bail, in the event of his arrest, in case FIR No. 129 of 2017, dated 23.1.2017, under Sections 411, 414 IPC and Section 13(2) of PC Act, Police Station, Bharari, District Bilaspur, H.P., on his furnishing personal bond to the tune of Rs. 10, 000/- (rupees ten thousand only) with one surety in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioner will join investigation of the case as and when called for by the Investigating Officer in accordance with law. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner will not directly or indirectly 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 Investigating Officer or Court. 7. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner will not directly or indirectly 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 Investigating Officer or Court. 7. In view of the above, the petition is disposed of. Copy dasti.