IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 532 of 2009 and Cr.M.P.(M) No. 533 of 2009. Date of decision : 3.7.2009. _______________________________________________________ 1. Cr.M.P.(M) No. 532 of 2009. Daljeet Singh …Petitioner. Versus State of Himachal Pradesh …Respondent. 2. Cr.M.P.(M) No. 533 of 2009. Shiv Karan ..Petitioner. Versus State of Himachal Pradesh ..Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner(s) : Mr. Ashwani K. Sharma ,Advocate. (in both petitions) For the Respondent : Mr. A.K.Bansal, Addl. A.G. with Mr. R.P.Singh, Assistant, Advocate General. Kuldip Singh, Judge (Oral) This order shall dispose of Cr.M.P.(M) No. 532 of 2009 and Cr.M.P.(M) No. 533 of 2009, both having arisen from FIR No. 28 registered on 30.4.2009 under Sections 451, 506, 34 IPC at Police Station, Bhawarna. Cr.M.P.(M) No. 532 of 2009 has been filed by Daljeet Singh and ______________________ 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes 2 Cr.M.P.(M) No. 533 of 2009 has been filed by Shiv Karan. Status report has been filed in Cr.M.P.(M) No. 532 of 2009, heard and perused the record. 2. The prosecution case, in brief is that Ashwani Kumar, complainant in his statement under Section 154 Cr.P.C., has stated that he had been running a tailoring shop for the last 12 years at Bhawarna bazaar. On 30.4.2009 at about 7.30 P.M. , Anu son of Sh. Bakshi Katoch came in his shop and took the complainant outside the shop on the pretext that he wanted to have talk with him. Sanju alias Shiv Karan and Dimpu alias Daljeet Singh were already standing there, they took him in dark gali. The complainant had also observed that some other boys were also standing in the gali and were armed with dandas. The complainant came in the shop by saying that he had switched on an iron which may cause fire. All the three came in his shop, Anu took his scissors and threw it on the floor and threatened him that he would beat the complainant. Sanju took the scale and threw on the floor and also hit the counter with kick blows. Sanju came out on the road, abused the complainant and threatened to kill him. Anu also started extending threats to kill the complainant. 3. Sanju told the complainant to stop thinking about Paras Public School otherwise the hands and feet of the complainant would be chopped off. The complainant had submitted a complaint to the Director of Education regarding Paras Public School which is under consideration. On account of this reason, these people threatened him. When Sanju was threatening the complainant Rajeev came there. Thereafter, aforesaid three persons left the place. Mahesh Chander Katoch owner of Paras Public School came outside his shop two days earlier in a van and told the complainant to stop thinking about Paras Public School otherwise, he would see him. He left the place thereafter. On this, the police registered the case. 3 4. As per prosecution, it has been alleged that it has come in investigation that Shiv Karan alias Sanju, Daljeet Singh alias Dimpu and Arun Kumar alias Anu abused Ashwani Kumar in his shop and gave threats to kill him. They also ransacked his shop. Shiv Karan, Daljeet Singh and Arun Katoch alias Anu filed applications for pre-arrest bail before the Sessions Judge, Kangra, the application of Arun Katoch alias Anu was allowed but the applications of Shiv Karan and Daljeet Singh were dismissed. The petitioners have joined the investigation but they are not coming out with truth. Mahesh Chander Katoch has gone to U.S.A. The accused are not disclosing the names of the persons who were in the gali armed with dandas. It has been submitted that Shiv Karan was prosecuted in an FIR registered on 21.5.2006 at Palampur but he was acquitted on 1.4.2009. Daljeet Singh alias Dimpu has been prosecuted in FIR No.236 of 2005 registered at Police Station, Palampur and the case is pending against him. 5. The learned counsel for the petitioners has stated that petitioners have been falsely implicated in the case. The children of the complainant were earlier studying in Paras Public School which is owned and controlled by Mahesh Chander. The dispute is in between complainant and Mahesh Chander. The petitioners have not committed any offence. It has been stated at Bar by the learned counsel appearing on behalf of the petitioners that Daljeet Singh has been acquitted on 7.4.2008 by Addl. Sessions Judge, Fast Track Court, Kangra at Dharamshala in S.C. No.16- P/VII/2007 in FIR No. 236 of 2005 registered at Police Station, Palampur. He has even shown certified copy of judgment dated 7.4.2008. 6. The learned Additional Advocate General has opposed the applications on the ground that the petitioners have threatened the complainant. They are not cooperating in the investigation and not coming out with truth. In case they are released on bail, they may hamper the 4 investigation, but he has not denied the fact that petitioners have joined the investigation. 7. I have considered the rival contentions of the learned counsel for the parties. There is no allegation that in fact some beatings were given to the complainant by the petitioners on 30.4.2009. The allegations against the petitioners are that they entered the shop of the complainant, threatened him, one petitioner took his scissors and threw it on the floor, the other petitioner took scale of the complainant and threw it on the floor. The persons, who were allegedly standing in the dark portion of the gali armed with dandas, have not in any manner interfered. The complainant himself has stated that Mahesh Chander Katoch owner of Paras Public School two days earlier to the incident, came outside his shop and told him to stop thinking about Paras Public School. It appears that no recoveries are to be made from the petitioners. One accused namely Arun Katoch alias Anu has already been released on pre-arrest bail by the Sessions Judge, Kangra as per status report. 8. In the facts and circumstances of the case, the petitioners have made out a case for grant of bail under Section 438 Cr.P.C., accordingly both the applications are allowed. Both the petitioners in the event of their arrest are ordered to be released on bail in FIR No. 28 dated 30.4.2009 under Sections 451, 506, 34 IPC registered at Police Station, Bhawarna, Distt. Kangra on their furnishing personal bond in the sum of Rs.10,000/-each with one surety each of the like amount to the satisfaction of the Arresting Officer subject to the conditions that the petitioners shall not hamper the investigation and tamper with the prosecution evidence. The petitioners shall join the investigation as and when called by the Investigating Officer. 5 9. The observations made in this order are for disposal of these applications only and the same shall not be treated as expression of opinion on the merits of the case. Copy dasti. July 3, 2009. ( Kuldip Singh ) (GR) Judge.