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Judgment
Kuldip Singh, Judge
This is an application u/s 438 Cr.P.C. for releasing the petitioners on bail in FIR No. 19 of 2012 dated 14.2.2012 registered at Police Station, Theog, District Shimla, under Sections 379, 34 IPC. It has been stated that on account of registration of the above case, the petitioners apprehend their arrest in the above case. The prosecution case is that petitioner No. 2 is owner of vehicle No. HP-12E-3294 and petitioner No. 1 is the partner of the shop at Sainj. On 14.2.2012 the said vehicle was abandoned by the driver and five goats were found in that vehicle. The allegations are that those goats were stolen and hence a case was registered against the petitioners. The driver was engaged by the petitioners. The petitioners are innocent. It has been stated that petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of this Court.
The status report has been filed. It has been stated that the case has been registered on the complaint of Ramesh Chand. He has stated that he is running a meat shop at Chaila. On 9.2.2012 he had brought 26 goats from Chamba which were kept by him in the cowshed behind his shop. He had slaughtered two goats till 11.2.2012 but 24 goats were still in his cow-shed. On 12.2.2012 at about 8.30 a.m. he found only 14 goats in the cow-shed and remaining 10 goats were missing. On 13.2.2012 he found one goat in the jungle but his nine goats have been stolen which were having market value worth Rs. 52,000/-, on this case was registered.
On 15.2.2012, 5 goats were found in the pick up No. HP-12E-3294 at Bajroli. The driver of the vehicle ran away. Sucha Singh owner of the vehicle was searched but he closed his shop and had gone underground alongwith his servant Ram Singh. It has come in the investigation that in the intervening night of 11/12.2.2012 the petitioners and their driver Raju had stolen 9 goats from the cow-shed of the complainant and took them to Sainj. Sucha Singh asked his servant Ram Singh to slaughter 4 goats and 5 goats were kept with Kedar Singh Khachi in Village Sanog. On 15.2.2012 the said 5 goats were being taken towards Marog for sale. The skins of 4 goats were recovered at the instance of Sucha Singh. Raju driver of the pick up has absconded, who is to be arrested. The prayer has been made for rejection of the bail application.
Heard and perused the record. The Learned Counsel for the petitioners has stated that petitioners were not in the pick up when the goats were allegedly recovered. The prosecution case is that petitioners and their driver Raju had stolen 9 goats from the cow-shed of the complainant, out of them, 4 goats were slaughtered by the petitioners and their skins were got recovered at the instance of Sucha Singh, 5 goats were kept in the house of Kedar Singh Khachi which were being taken for further sale towards Marog on 15.2.2012 but in the meantime, the pick-up with 5 goats was intercepted. Raju driver of the vehicle has absconded. The Learned Counsel for the petitioners has projected the case of innocence of the petitioners. All the 9 goats have been counted for inasmuch as 4 skins of the slaughtered goats have been recovered at the instance of Sucha Singh and 5 goats were caught alive when the pick up was intercepted. It has not been pointed out for what purpose the custodial interrogation of the petitioners is required. Thus, the petitioners have made out a case for grant of bail u/s 438 Cr.P.C.
In view of the above, the petition is allowed. In the event of the arrest of the petitioners in FIR No. 19 of 2012 dated 14.2.2012 registered at Police Station, Theog, District Shimla, under Sections 379, 34 IPC, they be released on bail on their furnishing personal bonds in the sum of Rs. 20,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioners shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.