Cr.M.P.(M) No. 1159 of 2008 12.11.2008 Present: Mr. Deepak Kaushal, Advocate for the petitioners. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for releasing the petitioners on bail in FIR No. 306 of 2008 dated 29.8.2008 registered at Police Station, Paonta Sahib, District Sirmaur under Sections 420, 465, 468, 471, 120-B, 472 and 474 of the Indian Penal Code. The learned Senior Additional Advocate General has produced the record. Mr. Deepak Kaushal, Advocate has strenuously argued that his clients are innocent persons and they have been falsely implicated by the police in the case FIR No. 306 of 2008 dated 29.8.2008. The investigation in the case is complete and nothing material has been found against the petitioners for connecting them with the commission of offence and that nothing is to be recovered from them. Mr. Deepak Kaushal further submits that the bail applications moved before the learned Sessions Judge, Sirmaur at Nahan have been dismissed without considering the material on record. The bail applications moved before this Court have been withdrawn with liberty to file fresh applications at the appropriate stage vide order dated 23.10.2008. The petitioners undertake to join the investigation as and when required by the police. They further undertake not to tamper with the prosecution evidence and to abide by all the conditions imposed by this Court. The learned Senior Additional Advocate General has resisted the application. I have heard the parties and have perused the record carefully. The case of the prosecution in nutshell is that the petitioners along with Shri Gulzari Lal used to prepare fictitious documents for raising loan from the H.P. State Co-operative Bank. Gulzari Lal used to prepare fictitious salary slips of the borrowers and their guarantors and he had also prepared fictitious stamps. The role of Ravinder Dhiman was to fill in the forms and he :2: used to charge Rs. 20,000/- for this purpose. The role of Kulwant Singh, according to the prosecution, is that he stood guarantor for two persons, namely; Aslam and Shakil Ahmad. It is evident from the record produced by the prosecution along with the report that Gulzari Lal and Ravinder Dhiman are king pins in raising loans by preparing fictitious documents, stamps and salary slips. They used to charge Rs. 20,000/- and Rs. 10,000/- each for this purpose. As far as Petitioner No.1-Kulwant Singh is concerned, prima facie, the prosecution has not brought sufficient material on record to connect him with the alleged offence of raising loans by using fictitious papers. He has only stood guarantor for the two persons, namely; Aslam and Shakil Ahmad. Statements of Aslam and Shakil Ahmad have been recorded by the police. They have not denied that they have raised the loan from the H.P. State Co-Operative Bank. He has made out a case for his release on bail. Accordingly, the application with regard to petitioner No.1 - Kulwant Singh is allowed. The petitioner No.1-Kulwant Singh is ordered to be released on bail in the case FIR No. 306 of 2008 dated 29.8.2008 registered at Police Station, Paonta Sahib, District Sirmaur under Sections 420, 465, 468, 471, 120-B, 472 and 474 of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge, Sirmaur. He will not tamper with the prosecution evidence in any manner. Taking into consideration the role being played by petitioner No.2-Ravinder Dhiman in raising loans by using fictitious documents, he is not entitled to be released on bail and his bail application is rejected. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. November 12, 2008. (cr)