IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 52 of 2009 Date of decision: February 6, 2009. Om Parkash Khullar …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Vacation Judge. Whether approved for reporting?1 For the petitioner : M/s Ajay Kumar & N.K.Thakur, Advocates. For the Respondent : Mr. Ankush Dass Sood, Addl. Advocate General with Mr. R.P.Singh, Asstt. A.G. & Mr. Ramesh Thakur, Asstt. A.G. for the respondent. Kuldip Singh, Judge (Oral). This is an application, under Section 438 Cr.P.C. for releasing the petitioner on bail in case FIR No. 3 of 2009 dated 23.1.2009 registered at Police Station, State Vigilance and Anti Corruption Bureau, Solan, H.P. under Sections 420, 120-B IPC and Section 13(2) of Prevention of Corruption Act, 1988. The status report has been filed. 2. Heard and perused the record. The learned counsel for the petitioner has submitted that FIR has been registered with respect to purchase of property by the petitioner in the name of M/s Goodwill Industries by way of tender from Himachal Pradesh General Industries Corporation (for short, Corporation) in the year 2004 for a Whether the reporters of the local papers may be allowed to see the Judgment? …2… consideration of Rs.3,06,06,006/- only. The Corporation had executed a sale deed in favour of the purchaser. Later on a dispute had arisen between the Corporation and the petitioner regarding the interpretation of certain terms of the sale deed. The petitioner filed CWP No. 758 of 2006 in this Court which was withdrawn on 5.7.2007. M/s Goodwill Industries in the year 2008 after permission granted by the Government sold the property to M/s Indian Card Clothing Company, Pune. 3. The petitioner apprehends his arrest in FIR No. 3 of 2009, inasmuch as, on 28.1.2009 in absence of petitioner a notice was delivered in his office asking him to present himself on 29.1.2009 in connection with the investigation of FIR No. 3 of 2009. The case is purely of civil nature. The petitioner has committed no offence. The petitioner has been falsely implicated in the case. The petitioner is ready to join the investigation and furnishing bail bonds in accordance with the directions of this Court. The custodial interrogation of the petitioner is not necessary. 4. The bail application has been opposed by the learned Additional Advocate General on the ground that M/s Goodwill Industries through the petitioner had purchased the property from the Corporation for a consideration of Rs.3,06,06,006/- without complying with the provisions of H.P. Tenancy and Land Reforms Act, 1972. M/s Goodwill Industries was required to establish industrial unit within two years failing which the land was to revert back to the State, but the property was sold to M/s Indian Card Clothing Company through the petitioner on 4.1.2008 for a consideration of Rs.7,51,00,000/-, …3… who earned profit of Rs.4,44,93,994/- in connivance with the officers. The learned Additional Advocate General on instructions received has submitted that at present no recovery is to be made from the petitioner, who pursuant to the directions dated 30.1.2009 has joined the investigation. The entire case appears to be documents based. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. Accordingly, the application is allowed and it is directed that in the event of arrest of petitioner in case FIR No. 3 of 2009 dated 23.1.2009 registered at Police Station, State Vigilance and Anti Corruption Bureau, Solan, H.P. under Sections 420, 120-B IPC and Section 13(2) of Prevention of Corruption Act, 1988, he shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Arresting Officer. The petitioner shall continue to join the investigation as and when called upon to do so by the Investigating Officer and shall not hamper the investigation or tamper with the prosecution evidence. 5. Copy dasti. February 6, 2009. ( Kuldip Singh ) (Hem) Vacation Judge.