Gitam Ram vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

By means of present petition filed under Section 438 of Code of Criminal Procedure, grant of bail has been prayed in FIR No. 2/2020, dated

18.1.2020, registered under Sections 406, 420 and 120-B of Indian Penal Code at Police Station, CID, Bharari, Shimla, Himachal Pradesh.

The interim protection was granted to the petitioner vide order dated 1.4.2021 subject to terms and conditions mentioned therein.

Heard learned counsel for the parties and gone through the status report as well as the documents placed on record.

The FIR was registered on the basis of a complaint lodged on 18.1.2020. The incident complained therein pertains to the year 2013. The allegations

in the complaint are that in 2013 the complainant on persuasion of one Shri Pawan Kumar agreed to sell his 197 apple boxes to petitioner's son-Shri

Najesh in lieu of Rs.2,00,000/-. The complainant parted his apple boxes in favour of said Shri Najesh, however, he did not receive the payment

promised to him in lieu of this sale. On the basis of these allegations, the FIR was registered on 18.1.2020.

As per status report, investigation carried out, revealed following:-

5(a) Petitioner’s son-Shri Najesh entered into a business deal with the complainant and purchased 197 apple boxes from him against promised

payment of Rs.2,00,000/-. Complainant handed over 197 apple boxes to Najesh in 2013. A cheque for Rs.2,00,000/- handed by Najesh to the

complainant in lieu of purchase of 197 apple boxes was dishonoured for want of sufficient sum in the bank account. A civil suit in that regard was filed

by the complainant against said Shri Najesh.

5(b) During pendency of the legal proceedings against Shri Najesh, his father/bail petitioner furnished an affidavit to the effect that he would make the

payments to the complainant in discharge of his son’s liability towards him. Though the petitioner advanced certain payments to the complainant,

however, the complainant alleged that these payments did not completely satisfy the liabilities of said Najesh due towards him.

5(c) Some more cases have also been statedly instituted against Shri Najesh in the court of learned Chief Judicial Magistrate, Rampur regarding

dishonouring of cheques issued by him to a few persons.

5(d) Petitioner’s son-Najesh has already been declared as proclaimed offender on 20.5.2016 in some cases. Despite this, as per the status report,

the petitioner has been in touch with his son though he has not disclosed whereabouts of his son to the investigating agency.

It appears from the status report that the allegations are primarily against the petitioner's son i.e. Najesh and not against the petitioner per se. Legal

recourse was taken by the complainant against Shri Najesh in the year 2013. During pendency of these proceedings, the petitioner statedly furnished

his affidavit undertaking to satisfy his son’s financial liability towards the complainant. Further as per the status report though the petitioner has

made some payments to the complainant but these do not completely satisfy his son’s financial liability towards the complainant. Another

allegation is that though petitioner’s son has been declared as proclaimed offender yet petitioner is not helping the prosecuting agency in furnishing

the correct details about the whereabouts of his son. In backdrop of such allegations, in my considered opinion, the custodial interrogation of petitioner

is not required. Petitioner is aged 65 years and as per the status report, pursuant to the interim protection granted by this court on 1.4.2021, has joined

the investigation and is co-operating with the same save and except in respect of not disclosing his son’s whereabouts. Since the petitioner’s

son has already been declared as a proclaimed offender, therefore, it will be for the prosecuting agency to adopt all legal means for taking appropriate

action against petitioner’s son in accordance with law. However, for the said reason, confirmation of the interim protection granted to the

petitioner vide order dated 1.4.2021 cannot be denied. Accordingly, order dated 1.4.2021 is made absolute subject to following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner shall not contact the complainant or his family members in any manner whatsoever. Petitioner shall not contact, threaten or intimidate

the victim in any manner whatsoever.

(iv) Petitioner will not leave India without prior permission of the Court.

(v) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the

facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(vi) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.