IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.614 of 2008 Decided on: July 04, 2008. Vivek Bhalla …Petitioner. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner: Mr Virender Thakur, Advocate. For the respondent: Mr A.K.Bansal, Addl.A.G. Kuldip Singh, Judge (Oral) The petitioner has filed this petition under Section 438 Cr.P.C. in F.I.R.No.116 dated 17.5.2008 registered at Police Station, Nalagarh, District Solan, under Section 420 I.P.C. The status report has been filed by the respondent on the last date. 2. Heard and perused the record. It has been submitted by learned Additional Advocate General that as partner of Vivek Enterprises the petitioner has entered into agreements on 8.12.2005, 13.12.2005 and 23.1.2006 for purchase of different parcels of land. The first agreement is for sale of land measuring 20 bighas 9 biswas for a total consideration of Rs.25,56,250. As per agreement dated 13.12.2005 the petitioner agreed to purchase 2 bighas 10 biswas for Rs.5,62,500 and as per agreement dated 23.1.2006 the petitioner Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… agreed to purchase 122 bighas 1 biswa land for Rs.25,63,500. It has been submitted on behalf of the respondent that the petitioner entered into aforesaid agreements for purchasing different parcels of land for construction of housing colonies. It has been stated that the petitioner has applied for obtaining permission from the authorities for purchasing the land but such permission has not yet been granted. 3. The petitioner has joined the investigation and he has even produced some documents. The learned Additional Advocate General, on instructions received from Sanjeev Rattan Pal, Dy.S.P., Nalagarh, who is present in the Court, submitted that he has no objection if bail is granted to petitioner under Section 438 Cr.P.C. with the condition that the petitioner shall continue to join the investigation as and when called by the concerned Investigating Officer and in case he shall not join and co-operate in the investigation then right of the respondent may be reserved for approaching this Court for cancellation of the bail. In view of the statement of learned Additional Advocate General, the application is allowed. The petitioner is granted bail under Section 438 Cr.P.C. in F.I.R.No.116 dated 17.5.2008 registered at Police Station, Nalagarh, District Solan, under Section 420 I.P.C. and order dated 18.6.208 is made absolute. It is made clear that the petitioner shall join the investigation as and when called by the concerned Investigating Officer and shall co-operate in the investigation. He shall not tamper with the evidence and terrorize the prosecution witnesses. The liberty is given to the respondent to approach this Court for cancellation of …3… bail of the petitioner in case the petitioner shall not co-operate in the investigation. On these terms, the application is disposed of. Copy dasti, on usual terms. July 04, 2008 ( Kuldip Singh ), J. (soni)