1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 867 of 2011. Date of decision: 01.11.2011. I.D.Modgil. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. Prantap Sharma,Advocate vice Mr. Subhash Sharma, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional 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.16/2011 dated 12.08.2011, registered at Police Station S.V.&A.C.B.,Shimla, under Section 13(1)(d) (ii) of the Prevention of Corruption Act, 1988. The status report filed and the same has been perused. 2. It has been stated that the case has been registered against the petitioner on account of irregularity in the appointment of Ms. Priti Chauhan as Technical Superintendent in the year 1997 when petitioner was discharging the duties as Managing Director of Himachal Pradesh State Co-operative Milk Producers Federation Limited, Totu. A letter dated 23.08.1997 was received from the Additional Secretary in the Office of Chief Minister for giving suitable post to Ms Priti Chauhan keeping in view her higher qualification. The petitioner keeping in view 1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 the qualification appointed Ms. Priti Chauhan belonging to scheduled caste category as Technical Superintendent with the prior approval of the Chairman. The petitioner has retired on 31.10.2002. The Board of Directors in their meeting have decided not to disrupt the appointment of Ms. Priti Chauhan at belated stage and the Board of Directors ratified the appointment of Ms. Priti Chauhan. The appointment of Ms. Priti Chauhan was also challenged in CWP (T) No. 9770 of 2008 which has been dismissed in default on 27.05.2011. Ms. Priti Chauhan has now been promoted as Assistant Manager. The other accused Dr. Prem Singh the then Chairman of the Federation has expired. It has been stated that the petitioner is innocent. He has committed no offence. He is ready to join the investigation and furnish bail bonds in accordance with the directions of the Court. 3. The bail application has been opposed on the basis of status report. It has been stated that Ms Priti Chauhan was appointed as Technical Superintendent in the Himachal Pradesh Milk Federation in violation of rules. The petitioner is to be interrogated and his specimen signatures are to be taken. 4. I have heard both sides and perused the police file. Ms. Priti Chauhan was appointed in the year 1997 as Technical Superintendent. It has been stated that appointment of Ms. Priti Chauhan has been ratified by Board of Directors of H.P. Milk Fed. The petitioner has retired on 31.10.2002. It appears the case of the Investigating Agency is documents based. The other accused Dr. Prem Singh has expired. The handwriting and signatures of the petitioner can be taken even if he is on bail. It has not been stated in the status report that petitioner is not 3 co-operating in the investigation nor it has been stated that recovery is to be made from the petitioner. In these circumstances, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. 5. Accordingly, application is allowed and in the event of arrest of petitioner in FIR No.16/2011 dated 12.08.2011, registered at Police Station S.V.&A.C.B.,Shimla, under Section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988, he be released on bail on his furnishing personal bond in the sum of `25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that petitioner shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 6. The observations made in the judgment are for the disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. November 1, 2011. (Krt)