Shamsher Singh And Another vs State Of Himachal Pradesh

Bipin Chander Negi, J

Head Constable Ram Chander No.115, Police Station, Balh, District Mandi, is present alongwith record. Status report stands filed. Copy whereof has been supplied to learned counsel for the petitioners. The same is taken on record.

The brief facts are that complainant Anant Ram Verma had entered into a partnership with four other individuals, namely Rajesh Kumar, Gaurav Thakur, Vishal Thakur and Narender Kumar. The partnership firm, i.e. , M/s Anant Ram Verma was engaged in the business of sale of liquor. The said firm used to take liquor vends. Petitioner No.1 was working as a Cashier with the aforesaid partnership firm. The other petitioner, Manoj Kumar use to deposit the cash collected at the vends in the bank account of the partnership firm.

The allegation of the complainant Anant Ram Verma was that the petitioner had clandestinely siphoned Rs.61,80,000/ - into his own account from the accounts of the partnership firm. During investigation, it is revealed that, in fact, the petitioner had advanced a loan of Rs.62,85,220/-to the partnership firm, i.e., M/s Anant Ram Verma. The payments of Rs.25,00,000/-, Rs.36,80,000/-, amounting to Rs.61,80,000/- had been made to the petitioner by the duly authorized partner of the partnership firm, i.e., one Shri Rajesh Kumar. During investigation, it has been revealed that no offence has been found to have been committed by Rajesh Kumar and Manoj Kumar. Further, during investigation it has been revealed that M/s Anant Ram Verma owes Rs.1,05,220/- to the present petitioners.

I have heard learned counsel for the parties and have gone through the record.

The investigation, as per status report, is almost complete. In the facts and attending circumstances of the present case, no offence under the provisions of Penal Code has been made out against the present petitioners. In view thereof, Police intend preparing and filing an appropriate cancellation report.

Accordingly, present petition is allowed and petitioners are directed to be enlarged on bail and interim bail granted on 26.03.2024 is confirmed. The bail is granted subject to the conditions enumerated hereinafter, so as to ensure the presence of petitioners/accused at the time of trial:

(a) They shall make themselves available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

(b) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) They shall 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) They shall not leave the territory of India without the prior permission of the Court.

It is clarified that if the petitioners misuse the liberty or violate any of the conditions imposed upon them, the Investigating Agency shall be free to move this Court for cancellation of the bail.

Any 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 petition stands accordingly disposed of.