1 fcIN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1387 of 2008. Date of decision: 9.1.2009. Devinder Jamwal ………. Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. R.L. Chaudhary, Advocate. For the Respondent : Mr. Ansul Bansal, Additional Advocate General. Kuldip Singh, Judge. (Oral) This an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 332 registered on 11.7.2009 at Police Station, Sadar, District Mandi, H.P. under Sections 409, 420. 465, 467, 471 and 120-B IPC, Section 3 of the Benami Transactions ( Prohibition) Act, 1988 and Section 13(2) of the Prevention of Corruption Act. . The status report has been filed. 2. Heard and perusal the record. The prosecution case in brief is that petitioner as General Power of Attorney Holder of Raj Kumari has sold some property to Khub Ram and he paid stamp duty amounting to Rs.1,15,000/- on the sale deed which was attested by B.C. Negi, DRO, Mandi. On 5.5.2008 the petitioner had deposited an amount of Rs.17,37,500/- vide Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 Treasury Challan No.94 stating it to be the remaining amount of stamp duty. As per enquiry report of ASI Chet Singh the market value of the sold land is Rs.10,36,46,629/- and on the basis of 5% stamp duty, the total amount of stamp duty comes to Rs.51,82,331/-. It has been submitted on behalf of the State that arrest of the petitioner is required for obtaining his specimen handwritings and signatures. The petitioner was served notice on 26.12.2008 but in the meantime he filed bail application in this Court. The petitioner in conspiracy with Khub Ram got the sale deed registered at very low rate, thus causing economic loss to the State. No recovery is to be made from petitioner except his specimen signatures. 3. It has been submitted on behalf of the petitioner that the petitioner is ready to join the investigation and give his specimen handwritings and signatures and for this purpose arrest of the petitioner is not necessary. There were 13 accused in the case and out of them 12 have already been granted bail. 4. I have considered rival contentions of the learned counsel for the parties. In the facts and circumstances of the case, the application is allowed the petitioner is ordered to be released on bail in the event of his arrest in FIR No. 332 registered on 11.7.2009 at Police Station, Sadar, District Mandi, H.P on his furnishing personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the Arresting Officer. The petitioner shall join the investigation as and 3 when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence. Copy Dasti on usual terms ( Kuldip Singh ) Judge January 9, 2008 (sks)