IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.140 of 2008 Decided on: February 27, 2008. Gita Ram …Petitioner. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner: Mr Tarun Vaid, Advocate. For the respondent: Mr A.K.Bansal, Addl.A.G. Kuldip Singh, Judge (Oral) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in F.I.R. No.52/07 dated 25.6.2007, registered at Police Station, Ani, District Kullu under Sections 467, 468 and 471 I.P.C. The notice of the application was given to the respondent and learned Additional Advocate General has filed the report. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that petitioner is owner of herd of sheep and goats. In the year 2002-03 many sheep and goats died in District Kullu due to outbreak of some disease. The Government came forward to help the sheep and goat owners and accordingly vide letter No.AHY-H(II)-7-21/76-VIII dated 8.10.2007 compensation amount was sanctioned in favour of sheep and goat owners. There was Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… some delay in payment of compensation to the sheep and goat owners, therefore, representatives of sheep and goat owners even met the Chief Minister of Himachal Pradesh in the year 2007 for immediate payment of compensation. Accordingly, letter No.Secy./CM-A0202/2003-IFP-B-294532 dated 10.1.2007 was issued from the office of Chief Minister to Deputy Commissioner, Kullu asking him to pay the compensation to sheep and goat owners. However, no compensation till today has been paid to the sheep and goat owners including the petitioner. It has been submitted that the petitioner claimed the compensation on behalf of 15 persons of the village. However, the petitioner has been falsely implicated in the case. The petitioner apprehends his arrest in the case. 3. The learned Additional Advocate General has opposed the bail application on the ground that on 25.6.2007 Sub Divisional Magistrate, Ani has reported that Gita Ram had submitted an application that in the year 2002-03 some sheep and goats had died in Baina Panchayat, Ani due to unknown disease and a request was made for payment of compensation. It has been submitted that documents certifying the deaths of sheep and goats were found false. It was found that no seep or goats died in the year 2002-03 due to unknown disease. It has been submitted that some documents are to be recovered from the petitioner. However, it has been pointed out that no amount has been paid or released in favour of the petitioner regarding the deaths of sheep and goats. It has been submitted on behalf of the petitioner that he is ready to joint the investigation. …3… 4. The police is to recover only some documents. No payment has been released to petitioner. In my opinion, custodial interrogation of petitioner is not necessary, therefore, in the facts and circumstances of the case, the application is allowed and the petitioner, in the event of arrest, is ordered to be released on bail in F.I.R. No.52/07 dated 25.6.2007, registered at Police Station, Ani, District Kullu under Sections 467, 468 and 471 I.P.C. on his furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of arresting officer subject to the conditions that he shall not hamper the investigation and tamper with the prosecution evidence in any manner. He shall join the investigation as and when called by the Investigating Officer and shall not leave the territory of Himachal Pradesh without the prior permission of the concerned Chief Judicial Magistrate. 5. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy dasti, on usual terms. February 27, 2007 ( Kuldip Singh ), J. (soni)