IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.(M) Nos.102, 103 and 104 of 2011. Judgment Reserved on: 05.04.2011 Date of decision: 19.04.2011. 1. Cr.M.P.(M) No.102 of 2011. Shivani Aggarwal … …Petitioner Versus State of H.P. … …Respondent 2. Cr.M.P.(M) No.103 of 2011. Rajinder Aggarwal … …Petitioner Versus State of H.P. … …Respondent 3. Cr.M.P.(M) No.104 of 2011. Vivek Aggarwal … …Petitioner Versus State of H.P. … …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioners: Mr.Anand Sharma, Advocate. For the Respondent: Mr.P.K. Sharma, Additional Advocate General with Ms.Shubh Mahajan, Deputy Advocate General Dev Darshan Sud,J. All these three petitions are taken up together as they arise out the same FIR. 2. The petitioners herein have applied for anticipatory bail. The petitioners were directed to join investigation in each case. At this stage, the 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 petitioners are admitted to anticipatory bail on the following conditions:- (a) That each of the petitioner shall furnish a personal bond in the sum of Rs.one lac with one surety in the like amount to the satisfaction of the Arresting Officer. (b) That they shall undertake that they will not interfere with the progress of the investigation, tamper with the prosecution evidence, threat, overawe, influence, intimidate the prosecution witnesses or in any manner attempt to do so either directly or indirectly. (c) That the petitioners shall undertake that they shall not abscond from the jurisdiction of the learned Sessions Judge, Sirmaur District at Nahan and shall not obstruct the smooth progress of the trial nor shall they in any manner obstruct the investigation. (d) That the petitioners shall further undertake to be present for investigation as and when called for. 3 (e) That it will be open to the prosecution to apply for custodial interrogation of the petitioners in case so desired. (f) That the petitioners shall apply for bail afresh when challan is put up in Court. 3. In case of violation of any of these conditions, the bail shall stand forfeited and the case will be referred to this Court immediately. The petitioners shall be liable to be arrested and taken into custody forthwith. 4. That it will be open to the prosecution to apply for such other or further condition(s) which may be required to be imposed in case so required in the interest of justice and in the facts and circumstances of the case. For this purpose it will be open to the State to move this Court. 5. Before parting with this case, I must express my dissatisfaction in the manner in which the investigation has been conducted. My attention has been drawn to the representations which have been made by father of the deceased to the Director General of Police, Himachal Pradesh. He raises a number of points pointing to instances which would require a thorough probe. Without attributing any motive to the Investigating Officer, I direct that the investigation 4 of the case be handed over to the C.I.D. and shall be conducted by an officer not below the rank of Deputy Superintendent of Police. 6. In reaching this conclusion, I am fortified by the decision of the Supreme Court in Kedar Narayan Parida and Others vs. State of Orissa and Another, (2009)9 SCC 538, holding that the High Court is vested with the powers under Section 482 Cr.P.C. to ensure to do complete justice. 7. The father of the deceased complained that no information was given to the `Bua’ of the deceased who was living to the next door in the same locality and even the tenants were residing in the same house. The mobile of the deceased was taken away to ensure that she did not keep any contact with the outsider. Same instances have also been pointed out where immediate medical aid was not rendered to the deceased when the Civil Hospital was only at a distance of five minutes away but instead she was taken to a dentist. These are some of the instances which require deeper probe and it is in these circumstances that a direction is issued that the investigation be handed over to the C.I.D. This application is disposed of in the above terms. Dasti copy on usual terms. April 19, 2011 (Dev Darshan Sud) (aks) Judge.