Amit Thakur vs State of Himachal Pradesh

Dharam Chand Chaudhary, J.—Learned Additional Advocate General has placed on record the status report and Investigating Officer, ASI Nag Dev of Police Station, Sadar, Shimla has produced the record.

Heard.

Petitioner is an accused in FIR No. 245 of 2014 registered under Sections 416, 420, 467, 468, 471 and 120B of Indian Penal Code in Police Station, Sadar, Shimla. The principal accused in the case is Rajender Kumar. He was arrested by the police and ultimately released on bail by this Court vide order dated 22nd January, 2014, annexed to this application. As a matter of fact, it is the principal accused, who being the highest bidder, was given the Municipal Corporation Parking near Lift, Cart Road, Shimla for one year. As per the agreed terms and conditions, the rates to be charged from the customers on account of parking charges, were fixed by the Municipal Corporation. Printed receipts were also issued to the principal accused indicating the parking fee therein. He, however, to the contrary arranged to get the fake receipts printed and started issuing the same to the customers coming to the parking and charging the rates over and above the one, fixed by the Municipal Corporation. This has come to the notice of the Deputy Mayor on 8.12.2013 when he caught red-handed the accused issuing the receipts and charging parking fee over and above the prescribed rates. On the report of Deputy Mayor, the Assistant Commissioner, Municipal Commissioner, Shimla reported the matter to the police of Police Station Sadar, Shimla. Consequently, the FIR came to be registered against the principal accused. During the course of investigation, the report of Chemical Examiner in respect of the signatures on the fake receipts has been obtained. The same have been found to be issued by the accused-petitioner in his hand and under his signature. He has, therefore, also been arrayed as an accused in the case.

The application has been sought to be dismissed on the ground that the accused-petitioner in connivance with the principal accused has cheated the general public in the matter of charging parking fee over and above the one fixed by the Municipal Corporation. Therefore, the offence, he allegedly committed, is stated to be not only against an individual, but against the public at large also.

True it is that the offence, the accused-petitioner allegedly committed, is not only grievous, but heinous also because he in connivance with his co-accused has cheated the general public. However, taking into consideration that the investigation in the case is complete and the custodial interrogation of the accused-petitioner is not required coupled with the factum of the principal accused stands already released on bail, the accused petitioner, who is a local resident of District Shimla, also deserves to be given the same treatment.

The application, therefore, is allowed. It is ordered that in the event of arrest of the accused-petitioner in connection with FIR No. 245 of 2014 aforesaid, he shall be released on bail subject to his furnishing personal bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the Arresting Police Officer/Investigating 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 co-operate 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 the 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 application stands accordingly disposed of.