Subhash Chand vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Instant bail petition has been moved for grant of bail under Section 438 of the Code of Criminal Procedure in FIR No.0258/2016 dated 04.10.2016, registered under Sections 406 and 420 of the Indian Penal Code, at Police Station Sadar, District Hamirpur, Himachal Pradesh.

Interim protection was granted to the petitioner vide order dated 11.03.2020, subject to the conditions stipulated therein. The matter thereafter could not be listed for sufficient long time on account of lock-down imposed due to Covid-19 Pandemic.

Heard learned counsel for the parties and perused the status report.

According to the status report the FIR in question was registered on the basis of a complaint lodged on 4.10.2016, by the Inspector Cooperative Societies, Toni Devi, District Hamirpur. In nutshell, the allegations in the complaint were that loan amounts in violation of bye-laws of the Pandhed Cooperative Service Society were got sanctioned by the Managing Committee members of the society. The complaint also details therein the amounts of the loan alleged to have been sanctioned by the members of the Managing Committee. It was also stated that the petitioner while serving as President of the above-mentioned society had in an illegal manner got sanctioned total loan amount of Rs.35 lacs on different dates in his favour in 2010. The loan was got sanctioned contrary to bye-laws of the society. No amount in lieu of this loan has been repaid by him. It was also alleged that in similar manner, petitioner got sanctioned different loan amounts to his near and dear from the funds of the society.

Investigation was carried out in the aforesaid complaint. According to the status report, during investigation, petitioner admitted about getting loan amount of Rs.38,40,000/- from the society in favour of six persons including himself. Further according to the status report, total amount of approximate Rs.84 lacs (Rs.83,96,396/-) is due towards the society from the petitioner and from various other persons, in whose favour petitioner allegedly got the loan amount sanctioned illegally.

Learned counsel for the petitioner prayed for confirming the interim bail granted vide order dated 11.03.2020. He also submitted that the society has already initiated proceedings under the Himachal Pradesh Cooperative Societies Act 1968 against the petitioner for recovery of the amount in question. Additionally proceedings under Negotiable Instruments Act 1881 have also been initiated against the petitioner in the Court of learned Judicial Magistrate Court Nos.2 & 4, Hamirpur. Award has already been passed by learned Arbitrator under The Cooperative Societies Act against the petitioner for an amount of Rs.20,00,000/-principal amount, Rs17,03,333/- interest and Rs.1200/- Arbitration Cost, Total Rs.37,04,533.00/-, and against the Guarantor for an amount of Rs. 15,00,000/- Principal amount, Rs,13,37,583/- Interest and Rs.1200/-Arbitration cost Total Rs.28,38,783.00/-. (Total awarded amount is Rs. 37,04,533. 00 + Rs.28,38,783.00 = Rs.65,43,316/-). Thereafter, petitioner has also preferred an appeal against the award passed against him before the Registrar Cooperative Societies, Shimla, H.P., which is pending adjudication. He further submitted that the petitioner will abide by all the conditions, which may be imposed upon him in case of grant of bail and that he will not influence the witnesses or temper with the prosecution evidence in any manner.

Learned Additional Advocate General has opposed the grant of bail on the ground that the petitioner has allegedly illegally got sanctioned huge amount of loan in his favour as well as in favour of his near and dear causing pecuniary loss to the society. Verification of handwriting/signature etc., of the petitioner will aid in effective probing into the accounts of the society, which will help in proper investigation of the matter for un-covering hidden misappropriation, if any. He further submitted that in case of release of bail, petitioner might influence the witnesses and temper with the prosecution evidence. Therefore, his custodial interrogation is necessary.

Status report does not indicate any previous criminal antecedents of the petitioner. According to the status report, petitioner has joined the investigation and is cooperating with the same. The interim protection was granted to the petitioner as far as back on 11.03.2020. There is no allegation regarding non-cooperation of the petitioner with the investigating agency or that he is intimidating the witnesses or tempering the prosecution evidence. It has not been disputed that various proceedings for recovery of the amount in question are already pending in different forums against the petitioner as mentioned by learned counsel for the petitioner in para supra. The FIR in question was itself registered about four years ago i.e. on 4.10.2016. Regarding submissions in respect of obtaining handwriting/signature of the petitioner, suffice to observe that in the facts and circumstances of the case, for this purpose, custodial interrogation of the petitioner is not necessary at this stage. Petitioner is a resident of village Pandher, Post Office Thathwani, Tehsil and District Hamirpur, H.P. Therefore, considering all the above aspects, no fruitful purpose will be served by sending the petitioner to judicial custody, hence, the present petition is allowed and the interim order passed on 11.03.2020 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 temper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioners will not leave India without prior permission of the Court;

(iv). 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). 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 their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Numbers, 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 main matter without being influenced by the above observations.

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

Authenticated copy be supplied to learned counsel for the parties through the Secretary/Private Secretary, in case so required.