1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.Ps. (M) No. 827 of 2008 a/w 828,829,830,831,832,833, 834,835,836,837,838,839,840 and 841 of 2008 Decided on: 28.8.2008 1.Cr.M.P.M No.827 of 2008 Rajeev Kumar vs State 2. Cr.M.P.M No.828 of 2008 Rajeev Kumar vs State 3. Cr.M.P.M No.829 of 2008 Rajeev Kumar vs State 4. Cr.M.P.M No.830 of 2008 Rajeev Kumar vs State 5. Cr.M.P.M No.831 of 2008 Suresh Kumar vs State 6. Cr.M.P.M No.832 of 2008 Suresh Kumar vs State 7. Cr.M.P.M No.833 of 2008 Suresh Kumar vs State 8. Cr.M.P.M No.834 of 2008 Suresh Kumar vs State 9. Cr.M.P.M No.835 of 2008 Kamal Raj vs State 10. Cr.M.P.M No.836 of 2008 Kamal Raj vs State 11. Cr.M.P.M No.837 of 2008 Kamal Raj vs State 12. Cr.M.P.M No.838 of 2008 Kamal Raj vs State 13. Cr.M.P.M No.839 of 2008 Pawan Kumar vs State 14.Cr.M.P.M No.840 of 2008 Pawan Kumar vs State 15. Cr.M.P.M No.841 of 2008 Pawan Kumar vs State Coram The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ? For the appellant(s): Mr. G. R.Palsra, Advocate. For the respondent: MrJ.S.Guleria, Law Officer. Surinder Singh, J. (Oral) The present bail applications have been moved by the petitioners, for pre-arrest bail, apprehending their arrest in four different FIRs registered in different police stations of District Mandi. The details of which are given as under: 2 1 FIR No. 196 of 2008 Dated 5.7.2008 Under Sections 420, 467, 468, 471 and 120 B IPC, Police Station Sarkaghat, District Mandi (H.P.) 2. FIR No. 273 of 2008 Dated 5.7.2008 Under Sections 420,467,468, 471 and 120 B IPC, Police station Sundernagar. 3. FIR No. 9 of 2008 Dated 5.7.2008 Under Sections 420,467,468, 471 and 120 B IPC, Police Station, Padhar at Drang, District Mandi 4. FIR No. 319 of 2008 Dated 5.7.2008 Under Sections 420,467,468, 471 and 120 B IPC, Police Station Sadar Mandi,District Mandi (H.P.) The facts giving rise to the present petitions are the Co- operative Credit Society floated a scheme for granting loan up to Rs.1,00,000/- (one lac) to the serving employees. Taking a cue from it, Pawan Kumar a retiree from the Air Force along with the other petitioners, who are no other then his own real brother Rajiv and co-villagers alleged to have hatched a conspiracy to grab the money. As such Pawan Kumar, approached the different branches of the Society in District Mandi with different forged and fabricated letters of the D.D.Os showing himself to be employee either of the Education Department or of the Electricity Board under the original name and also under the assumed name gave different addresses. The other petitioners had either become guarantors or witnesses in their original and also under the assumed names but they also gave different addresses. This fraud came to the notice of the Head Office when on scrutiny they found that the same photographs of the original loanee on all the four loan applications but the name, address and occupation of the petitioner Pawan Kumar were shown different, thus the Manager of the Head office of the Society directed the branches from 3 where Pawan Kumar had taken loan to register the FIRs. The date wise sequence of taking the loan is as under: 1.FIR No.196 of 2008 Police Station, Sarkaghat On 7.3.2008 Pawan Kumar petitioner introduced himself as Ramesh Kumar Thakur s/o Prem Singh r/o village Batoh, Tehsil Sarkaghat, District Mandi, working as Senior Teacher, Government Primary School, Ropri, Tehsil Sarkaghat District Mandi and applied for loan of Rs.90,000/-. He pasted his photograph on the loan application and gave his Mobile No. 93189-98113. Petitioner Suresh Kumar stood guarantor and supplied his address as r/o village Batoh, Tehsil Sarkaghat, District Mandi and second guarantor was petitioner Rajiv Kumar s/o Prem Chand shown to be r/o village Batoh, Tehsil Sarkaghat, District Mandi. Kamal Raj petitioner was a witness to the loan documents and he had shown his address as r/o V.P.O. Mohi, Tehsil Sarkaghat, District Mandi. Pawan Kumar also produced a fictitious certificate from the B.P.E.O Dharampur District Mandi along with PAN Card, forged salary slip and copy of a ration card and took a loan of Rs.90,000/-. 2. FIR No.273 of 2008 Police Station, Sundernagar. Thereafter, on 2.5.2008 petitioner Pawan Kumar introduced himself as Pawan Kumar s/o Prem Chand r/o Village Kanair, Tehsil Sundernagar, District Mandi in Co-operative Credit Society, Kanair, to take loan to the tune of Rs.1,00,000/- whereas Pawan Kumar is originally resident of village Dhamrol Tehsil Bhoranj, District Hamirpur. Pawan Kumar produced a document showing himself to be employed as Foreman in H.P.S.E.B. Division Barsar and Suresh Kumar petitioner stood surety along with Rajiv Kumar (brother of Pawan Kumar) and they had shown 4 themselves to be resident of village Dhamrol, Tehsil Bhoranj, District Hamirpur. Kamal Raj signed the loan document in his assumed name of Ravi Kumar resident of village Lohara, Tehsil Sadar, District Mandi whereas originally he is also resident of village Dhar, P. O. Dharmol, Tehsil Bhoranj, District Hamirpur. The loan document also contained photograph of Pawan Kumar. He is further alleged to have supplied a forged copy of ration card. 3. FIR No.9 of 2008 Police Station, Padhar at Drang Distt. Mandi. On 23.5.2008 Pawan Kumar petitioner introduced himself under the assumed name Inder Singh s/o Sher Singh r/o Urla Tehsil Padhar District Mandi in Padhar Credit Society and further shown to have been employed as Senior Teacher and issued a fictitious certificate of B.P.E.O.Dharampur, District Mandi. The loan application contained his photograph. Suresh Kumar petitioner stood guarantor who supplied his address as Peon in the Government Primary School, Nehari, District Mandi and Kamal Raj was another guarantor, who introduced himself as Ravi Kumar, employed as Senior Teacher, Government Primary School, Nehri District Mandi and Pawan Kumar took the loan of Rs.90,000/- 4.FIR No.319 of 2008 Police Station, Sadar Mandi. On 12.6.2008 Pawan Kumar along with the same team of witnesses and sureties approached the C.D.Cooperative Credit Society, Kotli, and introduced himself as Durga Dutt s/o Ram Singh r/o village Kot Sub tehsil Kotli, District Mandi, employed as J.B.T Teacher and furnished a fictitious certificate of B.P.E.O.Gopalpur and took loan of Rs.95,000/- He 5 appended his own photograph on the loan application and gave his wrong address. He also furnished his Mobile No.93189-98113. Suresh Kumar stood surety for the said loan and had shown himself to be resident of village Kotli Sub Tehsil Kot, District Mandi. Second guarantor Rajiv Kumar introduced himself as Raj Kumar r/o Kot sub Tehsil Sadar, District Mandi and stood guarantor. Kamal Raj petitioner signed as Ravi Kumar r/o village Kot, Tehsil Sadar, District Mandi and became a witness. Earlier Pawan Kumar petitioner had moved four applications, for grant of his pre-arrest bail, out of which FIR No.196 of 2008 was allowed and others were dismissed, as he failed to report for interrogation as directed by this court. Thereafter he approached the court of sessions for his anticipatory bail, qua other three FIRs but anticipatory bail was denied to him. Now this is third round when the petitioner Pawan Kumar, has applied for his pre-arrest bail. The interim bail was granted to him on 20.8.2008 and he was directed to join the investigation of the case. Further on the request of the Law Officer, the petitioner was also directed to be present in the court at the time of final hearing. As per the report, the petitioner did not join the investigation nor is present today. Learned Law officer has objected the grant of bail on the ground that the neither the petitioner Pawan Kumar is cooperating in the investigation of the case nor complying with the directions of this court. The learned counsel for the petitioner could give no reason for not complying the directions of this court. After going through the record and upon hearing the parties, in my opinion, investigation of the case cannot go ahead unless the petitioner Pawn Kumar makes himself available for the purpose of 6 interrogation and his custodial interrogation would be helpful in further investigation of the case. Thus, keeping in view the above circumstances, all the three applications of Pawan Kumar i.e. Cr.MPMs No.839. 840 and 841 of 2008 are dismissed. In so far as the other petitioners are concerned, their role has been specified above in the foregoing paras in each FIR. Their applications for pre-arrest bail were also dismissed by the court of Sessions, as such, they approached this court for grant of pre-arrest bail. On 20.8.2008 interim bail was granted inter-alia subject to the conditions that they (Petitioners) shall join the investigation of the case and shall present themselves at the time of final hearing, as per the request of the learned Law officer. According to the report, filed by the learned Law officer, the petitioners did not report for the purpose of interrogation at Police Station, Sundernagar whereas Kamal Raj, Suresh Kumar petitioners visited the Police Station, Mandi for a while. They were asked to sit for some time but they left on the pretext to take tea but did not turn up thereafter. Then the petitioners though reported at Police Station Padhar but on the same pretext, left the police station and again did not turn up. Today none of the petitioners are present despite specific orders. Bail applicants Rajiv Kumar, Kamal Raj and Suresh Kumar did not comply with the orders of this court nor joined the investigation except at Sarkaghat and despite specific orders they are not present today. In these circumstances, when the petitioners are defying the orders with impunity, what is the guarantee that after seeking bail they 7 would cooperate in the investigation of the case. Therefore, their applications for grant of pre-arrest bail are dismissed. August 28, 2008 (Surinder Singh),J. (D)