IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P (M). No. 191/2010 Date of decision: 29. 3. 2010 Ajay Bhardwaj ….Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . For the Petitioner: Mr. Bimal Gupta, Advocate, for the petitioner. For the respondent : Mr. Anshul Bansal, Addl. Advocate General with Mr. J.S. Rana, Assistant Advocate General, for the respondent. Surinder Singh (Oral) Police report filed. Heard. Petitioner is apprehending his arrest by the police in FIR No. 75/2010 registered on 13.3.2010, under Sections 395,397, 452 Indian Penal Code in Police Station Paonta Sahib as such the instant application has been moved under Section 438 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - of the Code of Criminal Procedure for pre- arrest bail. Pursuant to the last order dated 16.3.2010, petitioner was granted interim bail with the direction to join the investigation of this case. As per the learned Additional Advocate General, petitioner has joined the investigation of this case and he produced 24 digital channels along with some items worth Rs.2,50,000/- (rupees two lacs fifty thousand only) but the amount of Rs.48,000/- which is alleged to have been looted along with some more items are yet to be recovered. Precisely, case of the prosecution is that Ajay Bhardwaj was a partner in ‘Paonta Cable Network’ at Paonta Sahib including Arvind Gupta, and six others. They were engaged in the Cable Networking of the Television in the said area. Arvind Gupta is alleged to have issued a cheque to the tune of Rs.12,50,000/- in favour of Ajay Bhardwaj, his partner which bounced back and ultimately the matter was compromised and the cheque amount was returned. The matter was finally settled inter se the partners. Therefore, petitioner gave-up the partnership of the said firm. It is alleged that at about 7.15 a.m. on 13.3.2010 petitioner along with 5/6 persons entered the residence-cum-control room of the - 3 - said firm, gave beatings to the Chowkidar/complainant and committed theft of some articles which were lying there along with Rs.48,000/-. He was also medically examined. Two simple injuries were found on his person. So far the Police has not collected any evidence with respect to collection of the amount alleged to have looted and any stock Register or for that matter receipts, against which these items were purchased. In my opinion, in the above fact situation, custodial interrogation in this case will not yield any fruitful result. Accordingly interim bail granted to the petitioner on 16.3.2010 is hereby confirmed on the same terms and conditions and also on the conditions that the petitioner shall join the investigation of this case as and when required and shall also present himself in the court as and when required. The application stands disposed of. March 29, 2010 (Surinder Singh),J (cm)