IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 938 of 2011. Date of decision: 24.11.2011. Mohinder Khimta …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. B.S. Chauhan, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General with Mr. J.S.Rana, Asstt. Advocate General. Kuldip Singh, Judge (Oral). This is an application, under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 103/2011 dated 9.5.2011 registered at Police Station, Sadar Shimla, under sections 420, 465. 467, 471 IPC. 2. It has been stated in the application that petitioner had applied for issuance of licence for driving heavy goods vehicle with DTO Zono Boto, Nagaland. In May 2011, the driving licence of the petitioner was seized by Magistrate on duty and subsequently the same was sent for its verification to the police from where it has been issued. It has been alleged that a report has come from DTO Zono Boto, Nagaland that licence is fake. On the basis of report, an FIR Whether the reporters of the local papers may be allowed to see the Judgment? …2… has been registered and petitioner is apprehending his arrest in the case. 3. The petitioner is innocent. He has committed no offence. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this court. The custodial interrogation of the petitioner is not necessary. The prayer has been made for releasing the petitioner on bail. 4. The status report has been filed. It has been stated that petitioner has produced DL No. 55991/TV/Z/2010 dated10.1.2010 issued by the transport office Zunheboto, Nagaland. On verification, the licence was found to be fake. On this case was registered. The petitioner has joined the investigation on 19.11.2011. The petitioner has disclosed that last year, he went to Subzi Mandi Azadpur where a person met him, who took `1500/-, photograph and photo copy of LMV driving licence of the petitioner. The said person after one week handed over the driving licence in question to the petitioner at Azadpur. The signatures of the petitioner have been taken before the Judicial Magistrate Ist Class, Court No. 6, Shimla. The prayer has been made for rejection of the bail application. 5. I have heard both the sides and perused the record. The learned Additional Advocate General has stated that investigation in the case is complete. In the status report it has not been stated that petitioner is not cooperating in the investigation nor it has been stated for what purpose custodial interrogation of the petitioner is required. The alleged fake licence has already been taken into possession. In these circumstances, the petitioner has …3… made out a case for grant of bail under section 438 Cr.P.C. in his favour. 6. Thus petition is allowed and it is directed that in the event of arrest of the petitioner, he shall be released on bail in FIR No. 103/2011 dated 9.5.2011 registered at Police Station, Sadar Shimla, under sections 420, 465. 467, 471 IPC, on his furnishing personal bond in the sum of `25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that petitioner shall continue to join the investigation as and when called upon to do so by the investigating officer and shall not terrorise, overawe any prosecution witness or tamper with the prosecution evidence in any manner. 7. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of. Copy dasti. November 24, 2011. ( Kuldip Singh ) (Hem) Judge.