Mehar Chand vs State of Himachal Pradesh

Dharam Chand Chaudhary, J.—Petitioner is an accused in FIR No. 94 of 2014, registered under Sections 32 and 33 of the Indian Forest Act and Section 379 of the Indian Penal Code, in Police Station, Bhuntar, District Kullu. He apprehends his arrest in connection with the case registered against him.

Allegations as disclosed from the record, in nutshell, are that the petitioner is the President of Forest Committee, Bhuntar. He is owner of a saw-mill at Dana-Aage, near Thela. Police of Police Station, Bhuntar, received a secret information on 29.6.2014 around 10.30 p.m. about the accused-petitioner had kept ''Deodar'' slippers in the premises of his saw-mill unauthorizedly and without any permission. Being odd hours instead of obtaining the search warrant with respect to the search of the saw-mill, the Station House Officer, has constituted a team for raiding the premises of the saw-mill of the accused-petitioner. The police-party has raided the saw-mill and recovered 16 slippers and 8 logs in different sizes kept in a room adjoining the saw-mill. The same were not found having any hammer mark. After carrying out the measurement of the slippers and logs, the same were taken into possession and entrusted in the custody of Neeraj Sharma, Forest Guard.

On finding a case having been made out under Sections 32 and 33 of the Indian Forest Act and Section 379 of the Indian Penal Code, a case has been registered against the accused-petitioner. The application filed by him in the Court of Sessions at Kullu has been dismissed by learned Additional Sessions Judge, vide order dated 3.7.2014 enclosed to this petition on the ground that the investigation was in progress and perhaps the accused-petitioner has also not associated with the investigation of the case at that time. Now he has joined the interrogation. Only certain recoveries are left to be made from him. The police may conduct further investigation and interrogate the accused-petitioner also.

The present is not a case that in the event of grant of pre-arrest bail, the accused-petitioner will not be available to the police for further interrogation for the reason that he is local resident of District Kullu having moveable and immovable property and, therefore, can be believed to have roots in the society. This Court see no reason that he will abscond or flee away from justice. The present is also not a case where his custodial interrogation is required. Therefore, I allow this application and order that in the event of the arrest of the accused-petitioner in the aforesaid case, 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 Investigating Officer/Arresting Police 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 cooperate 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 Police Officer; and

(d) not leave the territory of India without the prior permission of the Court.

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.

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 petition stands accordingly disposed of.