Sh. Mehar Singh vs State of Himachal Pradesh

Kuldip Singh, J

This is an application for releasing the petitioner on bail in FIR No. 44/12 dated 18.3.2012, registered at Police Station, Karsog under Sections 409, 420 IPC It has been stated that petitioner has been arrested in the above case. The petitioner is innocent. He has committed no offence. The petitioner has been falsely implicated at the instance of persons having inimical relations with him and his family members. The investigation in the case has been completed; no recovery is to be made from the petitioner. There is no impediment for grant of bail. The custodial interrogation of petitioner shall not serve any fruitful purpose.

The petitioner is ready to join investigation and furnish bail bonds in accordance with the directions of the Court. The submission has been made for releasing the petitioner on bail. It has been stated that petitioner earlier filed anticipatory bail application in the High Court which was dismissed on 30.3.2012. The petitioner surrendered before the police on 7.4.2012 and was arrested on the same date. The regular bail application of the petitioner was dismissed by learned Addl. Sessions Judge, Mandi on 25.4.2012. The regular bail application was again dismissed by the High Court on 4.5.2012. It was left open to the petitioner to repeat the bail application after some time. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that case has been registered on the written complaint of Block Development Officer, Development Block, Karsog. The Project Officer DRDA vide letter dated 17.3.2012 has directed the Block Development Officer, Karsog to register FIR against Mehar Singh Pardhan and Puran Chand Panchayat Secretary, Gram Panchayat Bhanera for misappropriating the Govt. money as per enquiry. It has come in the enquiry that both of them have misused the Govt. money. They embezzled Rs. 5,60,012/-. They have violated MNERGA Act, 2005 for drawing money by self cheques and made intentionally cash payments which are not allowed under the Act. On this case has been registered.

It has been stated that investigation in the case is in progress. The record is to be verified. The handwritings and signatures of the petitioner have been taken and are being sent to FSL, Junga for report. The statements of seven witnesses have been recorded. The statements of many witnesses are yet to be recorded. The bail application of Puran Chand was dmissed on 4.4.2012.. Puran Chand was arrested on 6.4.2012. The bail application of petitioner was dismissed by the High Court on 30.3.2012. Mehar Chand was arrested on 7.4.2012. In the enquiry against petitioner and Puran Chand, it has come that they have misappropriated Rs. 5,60,012/-. The petitioner was involved in five other cases, in two cases he has been convicted and two cases are still pending. The submission has been made for rejection of the bail application.

Heard and perused the record. The allegations against the petitioner and Puran Chand, Panchayat Secretary are that they have misappropriated Rs. 5,60,012/-Govt. money. The petitioner surrendered on 7.4.2012 and since than he is in custody. The statements of some witnesses have been recorded and statements of other witnesses are yet to be recorded. The petitioner was involved in five other cases. He was convicted in two cases. The learned counsel for the petitioner has submitted that the petitioner has been acquitted in the appeal in the cases in which he was convicted by the trial Court and only two cases are pending against the petitioner. The petitioner has been falsely implicated.

The handwritings and signatures of the petitioner have already been taken. There is nothing in the status report that some recovery is to be made from the petitioner. The case against the petitioner appears to be documents based. There is nothing in the status report that petitioner will not be available for trial in case he is released on bail. In the status report nothing has been stated for what purpose custodial interrogation of the petitioner is required. There is no allegation of overawing or terrorizing prosecution witnesses. The case is still at investigation stage. It is not known how much time will be taken for completing the investigation. The trial will take some more time but it is not clear how much time will be taken by the trial. In these circumstances the petitioner has made out a case for grant of bail u/s 439 Cr.P.C.

In view of above, petition is allowed. The petitioner is ordered to be released on bail in FIR No. 44/12 dated 18.3.2012, registered at Police Station, Karsog under Sections 409, 420 IPC on his furnishing personal bond in the sum of Rs. 40,000/-with one surety of the like amount to the satisfaction of learned Judicial Magistrate, Karsog with the conditions that the petitioner shall co-operate in the investigation and shall not hamper the investigation and tamper with the prosecution evidence in any manner and shall not overawe or terrorize the prosecution witnesses. The observations made in the judgment are for disposal of the bail petition and the same shall not be construed as an expression of opinion on the merits of the case.