IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P(M) No. 752 of 2009 alongwith Cr.M.P(M) No. 749 of 2009, Cr.M.P(M) No. 750 of 2009, Cr.M.P(M) No. 751 of 2009, Cr.M.P(M) No. 753 of 2009, Cr.M.P(M) No. 754 of 2009, Cr.M.P(M) No. 755 of 2009 and Cr.M.P(M) No. 756 of 2009. Date of Decision : September 29, 2009 1. Cr.M.P(M) No. 752 of 2009 Parsotam Ram Petitioner Versus State of H.P. Respondent 2. Cr.M.P(M) No. 749 of 2009 Mohar Singh Petitioner Versus State of H.P. Respondent 3. Cr.M.P(M) No. 750 of 2009 Amar Singh Petitioner Versus State of H.P. Respondent 4. Cr.M.P(M) No. 751 of 2009 Ajay Kumar Petitioner Versus State of H.P. Respondent 5. Cr.M.P(M) No. 753 of 2009 Ganga Ram Petitioner Versus State of H.P. Respondent 6. Cr.M.P(M) No. 754 of 2009 Ram Saran Petitioner Versus State of H.P. Respondent 2 7. Cr.M.P(M) No. 755 of 2009 Anup Ram Petitioner Versus State of H.P. Respondent 8. Cr.M.P(M) No. 756 of 2009 Pune Ram Petitioner Versus State of H.P. Respondent Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner(s) : Mr. Bimal Gupta, Advocate, for the petitioners. For the respondent : Mr. Vivek Thakur, Addl. Advocate General with Mr. J. S. Guleria, Asstt. Advocate General for the respondent/State. SI-Partap Singh, I/O P.S.Sadar, Mandi, and SI-Hari Singh present. Sanjay Karol, J. (Oral) Order passed by a Co-ordinate Bench of this Court in favour of similarly situated co-accused persons have been brought to my notice. This order shall dispose of all these petitions No. Cr. M.P.(M) No. 752/2009, Cr. M.P.(M) No. 749/2009, Cr. M.P.(M) No. 750/2009, Cr. M.P.(M) No. 751/2009, Cr. M.P.(M) No. 753/2009, Cr. M.P.(M) No. 754/2009, Cr. M.P.(M) No. 755/2009 and Cr. M.P.(M) No. 756/2009 which have been filed under Section 438 Cr. P.C. for 1 Whether reports of Local Papers may be allowed to see the judgment? 3 releasing the petitioners on bail. All these petitions have arisen from F.I.R. No. 393 dated 17.9.2006 under Sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station Sadar, Mandi, District Mandi, H.P. Shri Parsotam Ram is petitioner in Cr.M.P.(M) No. 752/2009, Sh. Mohar Singh is petitioner in Cr. M.P.(M) No. 749/2009, Sh. Amar Singh is petitioner in Cr. M.P.(M) No. 750/2009, Sh. Ajay Kumar is petitioner in Cr. M.P.(M) No. 751/2009, Sh. Ganga Ram is petitioner in Cr. M.P.(M) No. 753/2009, Sh. Ram Saran is petitioner in Cr. M.P.(M) No. 754/2009, Sh. Anup Ram is petitioner in Cr. M.P.(M) No. 755/2009 and Sh. Pune Ram is petitioner in Cr. M.P.(M) No. 756/2009. The status report has been field in Cr. M.P.(M) No. 752 of 2009. Heard and perused the record. In Cr.MP(M) No. 752/2009, it has been alleged that the petitioner is apprehending arrest. Petitioner claims to be innocent and allegedly falsely implicated in the case. The main accused Ludar Chand has already been released on bail by the learned Additional Sessions Judge, Mandi, H.P. The other petitioners have taken more or less the same grounds in all the petitions. It has however been submitted by the petitioners that they have not been dealing with the preparation of the bills and the accounts. However as per the State they have received the amount as per the record and their signatures receiving the amount tally with their signatures on record. Some of the 4 petitioners have also verified their TA Bills after putting their signatures. Learned counsel for the petitioners has submitted that none of the petitioners have submitted any bill for withdrawal of the amount. According to the investigating agency, there are 25 accused. It is not denied that the main accused ASI-Ludar Chand has been released on bail on 23.6.2008 though an application for cancellation of the order, filed on 15.9.2009 is still pending. In the status report, the allegations are that the accused have helped Ludar Chand accused, who incidentally already stands released on bail. There is no allegation in the status report that the petitioners are not cooperating in the investigation. On the contrary, it has been stated in the status report that handwriting of the accused were taken and sent for expert opinion. There is no assertion in the status report with respect to specific recovery of certain documents or other articles except for recovery of travelling allowance. The FIR was lodged long time back on 17.9.2006. In the facts and circumstances of the case, the petitioners have made out a case for grant of bail in their favour under Section 438 Cr.P.C. Accordingly all the applications are allowed and it is directed that in the event of arrest of the petitioners in F.I.R. No. 393 dated 17.9.2006 under Sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station Sadar, District Mandi, H.P. they be 5 released on bail on their furnishing personal bonds in the sum of Rs. 25,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer subject to the conditions that the petitioners shall join the investigation as and when called upon to do so and shall not hamper the investigation or tamper the prosecution evidence in any manner. Dasti copy. (Sanjay Karol), Judge. September 29, 2009 (PK)