IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) Nos. 781, 783 and 784 of 2011 Date of decision: 29.9.2011 1. Cr.MP(M) No. 781 of 2011 Surender Kumar Sharma …. Petitioner Vs. State of H.P. ….. Respondent _________________________________________________________ 2. Cr.MP(M) No. 783 of 2011 Pyare Lal ..Petitioner Vs. State of H.P. ….Respondent 3. Cr.MP(M) No. 784 of 2011 Vishal Sharma ..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(s) : Mr. Virender Singh Chauhan, Advocate. For the Respondent(s) : Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana, Asstt. A.G. Kuldip Singh, Judge. (Oral) This judgment shall dispose of Cr.MP(M) No. 781 of 2011, Cr.MP (M) No. 783 of 2011 and Cr.MP(M) No. 784 of 2011 all having arisen out of FIR No. 218 of 2011 dated 24.9.2011 registered Whether the reporters of the local papers may be allowed to see the Judgment? yes at Police Station, Boileauganj, Shimla under Sections 420, 448, 467 and 471 IPC. The status report filed in Cr.MP(M) No.781 of 2011 and the same has been perused. 2. It has been stated in the applications that petitioners are tenants of Braham Samaj for the last several years. The trustees of the Braham Samaj intend to sell the property of the Braham Samaj. The petitioners have filed suit for injunction against the trustees restraining them not to sell the property of Braham Samaj and the suit is pending in Court No.3, Shimla. The criminal case has been registered as counterblast to the suit. The petitioners are innocent. They have committed no offence. The petitioners are ready to join the investigation nor recovery is to be made from them. The petitioners are ready to furnish the bail bonds in accordance with the directions of this Court. The petitioners apprehend their arrest on account of registration of the case. The prayer has been made for grant of bail. 3. The bail applications have been opposed by the learned Additional Advocate General on the basis of status report. It has been stated that the case has been registered on the basis of written complaint of Smt. Promila Suri, Secretary Braham Samaj. It has been stated that the complaint was received from Delhi and on that basis, FIR has been registered. Vishal Sharma started making unauthorised construction on the property of Braham Samaj trust. Surender Kumar Sharma and Pyare Lal have been inducted illegally by Vishal Sharma in the property and they are trespassers. In the status report allegations of misrepresentation, cheating have been made against the petitioners. It has been alleged that they are preparing false documents. In brief, the allegations against the petitioners are that they are involved in illegal acts. It has been stated that investigation of the case is at preliminary stage. The complainant is residing in New Delhi. She is to be associated in the investigation. The petitioners are to be interrogated and documents are to be recovered from them. 4. I have heard both the sides and perused the record. It has been stated at the time of hearing that the complainant has not come to Shimla. Some litigation is pending between petitioners and the trustees. There is nothing in the status report that the petitioners are not co-operating in the investigation. The alleged recoveries to be made from the petitioners have not been identified or elaborated. The investigating agency has not made out a case for custody of the petitioners. The interrogation of the petitioners can be made during bail also. In these circumstances, the petitioners have made out a case for grant of bail under Section 438 Cr.P.C. 5. . In these circumstances, all the bail applications being Cr.MP(M) Nos. 781, 783 and 784 of 2011 are allowed and the petitioners in the event of arrest are directed to be released on bail in FIR No. 218 of 2011 dated 24.9.2011 registered at Police Station, Boileauganj, Shimla under Sections 420, 448, 467 and 471 IPC on their furnishing personal bonds in the sum of ` 20,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioners shall join the investigation as and when called by the Investigating Officer and they shall not hamper the investigation and tamper with the prosecution evidence in any manner. 6. The observations made in this judgment are for disposal of bail applications only and the same shall not be construed as expression of opinion on the merits of the case. Copy Dasti September 29, 2011. ( Kuldip Singh), (GR) Judge.