IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.961 of 2009 and Cr.MP(M) No.962 of 2009 Date of decision: 9.11.2009 1. Cr.MP(M) No. 961 of 2009 Man Singh …. Petitioner Vs. State of H.P. ….. Respondent _________________________________________________________ 2. Cr.MP(M) No. 962 of 2009 Devi Ram ..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) : Ms. Sunita Sharma, Advocate. ( in both the petitions) For the Respondent : Mr. A.K.Bansal, Addl. Advocate General. ( in both the petitions) Kuldip Singh, Judge. (Oral) This judgment shall dispose of Cr.MP(M) No.961 of 2009 filed by Man Singh and Cr.MP(M) No.962 of 2009 filed by Devi Ram under Section 439 Cr.P.C. for grant of bail in FIR No. 193 of 2009 registered on 27.10.2009 at Police Station, Dhalli under Sections Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 379, 411 IPC and Section 25 of the Telegraph Act. The status report has been filed in Cr.MP(M) No.961 of 2009. 2. Heard and perused the record. It has been submitted on behalf of the petitioner in Cr.MP(M) No. 961 of 2009 that the petitioner was arrested in FIR No. 193 of 2009 and since 2.11.2009 the petitioner is in judicial custody. The petitioner is innocent and he has been falsely implicated in the case. The investigation in the case is complete. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. In Cr.MP(M) No. 962 of 2009 the petitioner has pleaded similar grounds for releasing him on bail as pleaded by petitioner in Cr.MP(M) No. 961 of 2009. 3. The bail applications have been opposed by the learned Additional Advocate General on the grounds that the petitioners have committed theft of about 200 meters of cable valuing about Rs. 35,000/- which was sold by them to Hans Raj, Kabadi. According to Mr. A.K.Bansal, learned Additional Advocate General the petitioners were arrested on 27.10.2009. The investigation in the case is almost complete and only FSL report is awaited and thereafter challan will be filed. It has been submitted that the petitioners have committed serious offence , they may not be released on bail. 4. I have heard the learned counsel for the parties. It has been submitted that Hans Raj, Kabadi has been released on bail on 30.9.2009 by the learned Judicial Magistrate 1st Class, Court No.II, Shimla. The learned Additional Advocate General has submitted that investigation in the case is almost complete and only report from 3 F.S.L. is awaited and thereafter, challan will be presented in the Court. 5. The petitioners are in custody since 27.10.2009. It is not the case of the investigating agency that recoveries are to be made from the petitioners. The trial of the case will take some time. One of the accused Hans Raj has already been released on bail. No purpose will be served by detaining the petitioners in jail for indefinite period. In these circumstances, the petitioners have made out a case for grant of bail. Accordingly, Cr.MP(M) No. 961 of 2009 and Cr.MP(M) No. 962 of 2009 are allowed. Both the petitioners are ordered to be released on bail in FIR No. 193 of 2009 dated 27.10.2009 registered at Police Station, Dhalli, District Shimla under Sections 379, 411 IPC and Section 25 of the Telegraph Act, on their furnishing personal bonds in the sum of Rs.10,000/- each with one surety each of the like amount to the satisfaction of the Judicial Magistrate 1st Class, Court No.2, Shimla with the conditions that the petitioners shall not hamper the investigation and tamper with the prosecution evidence in any manner. Copy Dasti ( Kuldip Singh), Judge. November 9, 2009. (GR) 4 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No.962 of 2009. Date of decision: 9.11.2009 Devi Ram ..Petitioner Vs. State of H.P. ….Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? For the petitioner : Ms. Sunita Sharma , Advocate. For the Respondent : Mr. A.K.Bansal, Additional Advocate General. Kuldip Singh, Judge (oral). For judgment, see judgment of date rendered in Cr.M.P(M) No. 961 of 2009 titled Man Singh vs. State of H.P. ( Kuldip Singh) Judge November 9, 2009. (GR)