Shiv Raj Dadasahib Patil vs State Of H.P

Jyotsna Rewal Dua, J

Petitioner seeks anticipatory bail in FIR No.142 of 2020, dated 02.09.2020, registered under Sections 406, 420 and 34 of the Indian Penal Code at Police Station Theog, District Shimla, HP.

Interim protection was granted to the petitioner vide order dated 25.09.2020.

Heard learned counsel for the parties, learned counsel representing the complainant and gone through the status report.

As per the status report:-

3(i). On 31.08.2020, a complaint was lodged against the petitioner by one Sandeep Sharma, a Fruit Vegetable Agent, at Police Station Theog, District Shimla, the gist of which was that complainant's two truckloads containing 389 and 410 apple boxes, respectively, valuing Rs.18,73,020/-, were sent on 17.08.2020 to Nepal and Bombay. In lieu of sale of these apples, he was issued a Cheque No.133355, dated 17.08.2020, drawn on PNB, Gondal (Rajkot), Gujarat, for an amount of Rs.18,73,020/-. The cheque, however, was returned by Axis Bank, Shimla with memo dated 31.08.2020 to the effect that the account holder firm ASP International did not have sufficient money in the account. It was further alleged in the complaint that the trucks laden with apples were sold off by the petitioner at some different place and that the petitioner had not responded to the calls made by the complainant.

3(ii). On the basis of aforesaid complaint, instant FIR was registered under Sections 406, 420 and 34 of the Indian Penal Code. During investigations, statements of witnesses were recorded and relevant record was collected. Further investigation, on transfer of the matter, was carried out by the State CID.

Learned counsel for the petitioner submitted that petitioner is innocent and falsely accused of the alleged offences. He has prayed for confirmation of the order dated 25. 09.2020 submitting that petitioner will continue to abide by the conditions of bail, will not influence the investigation or the witnesses and will not threaten or intimidate the complainant. Learned Additional Advocate General acknowledged that the petitioner has joined the investigation and is co-operating with the investigating agency. He has further submitted that the petitioner be directed to continue to join and co-operate with the investigating agency. Learned counsel for the complainant opposed the bail on the basis of factual disputes, which need not be gone into at this stage. Learned counsel expressed his apprehension that the petitioner might evade the trial. This aspect can be taken care of by imposing stringent conditions.

A perusal of the status report reveals that during further investigations, the petitioner has denied transporting apple boxes through the two trucks in question. His version is that the two trucks in question were sent by the complainant through different persons/agencies and not through the petitioner. He has also named these alleged persons. Further, according to the status report, the complainant has admitted receipt of Rs.38,13,000/- from the petitioner in lieu of five truckloads of apple boxes. His grievance is that he is still to be paid for remaining two truckloads. As per the status report, the petitioner has allegedly admitted his surviving liability of Rs.8 Lacs towards the complainant and has also assured to make this payment in his favour.

Interim protection was granted to the petitioner vide order dated 25.09.2020. Status report indicates that the petitioner has joined the investigation and is co-operating with the investigating agency. No previous criminal history of the petitioner has been indicated in the status report. Looking into the nature of dispute between the parties, the mode & manner of commission of alleged offence, the investigation conducted into the matter and the fact that the petitioner is co-operating with the investigating agency, I am inclined to confirm the interim protection granted to the petitioner as no significant purpose at this stage will be achieved by sending the petitioner behind the bars. Accordingly, the order dated 25.09.2020 is confirmed subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The 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.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) . Petitioner shall inform the State CID Officer/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.

(vii). Petitioner shall furnish a cell number to the investigating officer on which he can be contacted at any time. He shall also ensure that the number remains active and switched on at all times.

It is made clear that 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 also clarified 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 any of the observations made hereinabove.

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

Copy dasti.