IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA. 1.Cr.M.P.(M) Nos. 820 2011 2.Cr.MP(M) No. 821 of 2011. 3.Cr.MP(M) No.824 of 2011 Date of decision: 21.10.2011. _______________________________________________________ 1..Cr.MP(M) No.820 of 2011 Rajinder Singh …..Petitioner. Versus State of Himachal Pradesh. …. Respondent. ________________________________________________________ 2. Cr.MP(M) No.821 of 2011 Partap Singh ….Petitioner Versus State of Himachal Pradesh. …. Respondent _________________________________________________________ 3. Cr.MP(M) No.824 of 2011 Salig Ram ….Petitioner Versus State of Himachal Pradesh. …. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner(s) : Mr. G.S. Rathore, Advocate, for the petitioners in Cr.MP(M) No.820/11 and Cr.MP(M) No.821/11. Mr. Rajesh Kumar, Advocate, for petitioner in Cr.MP(M) No.824 of 2011. For the Respondent : Mr. J.S. Rana, Assistant Advocate General. (in all the petitions) Kuldip Singh, J (Oral) This judgment shall dispose of Cr.MP(M) No.820 of 2011, Cr.MP(M) No.821 of 2011 and Cr.MP(M) No.824 of 2011, all Whether the reporters of the local papers may be allowed to see the Judgment?Yes having arisen out of FIR No.174 of 2011 dated 6.8.2011, registered at Police Station, Nerwa under Sections 420, 467, 468, 471, 120-B IPC. The Status reports have been filed and the same have been perused. 2. It has been submitted in the applications that one Ramanand on account of old enmity with Ravi Dutt has lodged a false complaint on the ground that Ravi Dutt had prepared a false GPA with the help of petitioners for the purpose of obtaining loan on the land which is jointly owned by the father of Ravi Dutt, Rama Nand, Siri Nand, Harish and Smt. Santoshi. The petitioners are innocent and have been falsely implicated in the case. It has been stated that petitioners apprehend their arrest on account of registration of the case. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The case is documents based and therefore custodial interrogation of the petitioners is not necessary. The prayer has been made for releasing the petitioners on pre-arrest bail. 3. The bail applications have been opposed by filing status reports. In the status reports, it has been stated that the case has been registered on the basis of written complaint of Ramanand. It has been stated that Sehaj Ram, Devi Ram and late Smt. Juli Devi were the owners of land. Smt. Juli Devi had given her share to her brothers who have partitioned the land. The father of the complainant is illiterate. Ravi Dutt produced fake persons and obtained GPA of the shares of Smt. Juli Devi, Ram Dutt Joshi, Nand Joshi, Harish Chand and Santoshi children of Smt. Juli Devi who never came to Nerwa. The land has been mortgaged for obtaining loan amounting to ` 2,80,000/-. 4. In the status report, it has been stated that GPA got prepared by Ravi Dutt Pandey has been taken into possession. Ram Dutt, Siri Nand sons of late Shob Ram and Smt. Santosh wife of Subhash Chand Joshi who allegedly executed forged GPA have denied their photographs, signatures and thumb marks. In the general power of attorney the photographs are of Ravi Dutt Pandey, Salig Ram of village Devat, Salig Ram of village Khadar, Rajinder Singh etc. and Partap Chauhan is a witness of GPA. In investigation, it has come that Ravi Dutt Pandey got prepared GPA at Sub Tehsil, Nerwa on 27.7.2009 in his favour and took loan of ` 2,80,000/-. from UCO Bnak , Nerwa. Ravi Dutt was arrested on 2.10.2011. He has been released on bail by learned Judicial Magistrate Ist Class, Rohru on 6.10.2011. It has been stated that the petitioners have conspired with Ravi Dutt for preparing the forged and false GPA. The handwriting, signatures of the petitioners are to be taken. The petitioners are to be interrogated to find out the truth. The investigation is at initial stage and therefore, the learned Assistant Advocate General has prayed for dismissal of the bail applications. 5. I have heard both the sides and perused the police file. It has been submitted on behalf of the petitioners that petitioners have joined the investigation. The main accused Ravi Dutt has been released on bail by learned Judicial Magistrate and therefore, the petitioners may also be released on bail. The allegations against the petitioners are serious. The Investigating Agency has relied on photographs on the GPA and signatures. The allegation against Rajinder Singh petitioner is that he identified the fake persons on the GPA, Salig Ram impersonated as Ram Dutt in the GPA and Partap Singh appeared as a witness in the GPA. The case has not been projected on behalf of the petitioner that they were not aware of the reality. The petitioners cannot take the benefit of releasing Ravi Dutt on bail in as much as he was granted bail in regular bail application after arrest and was not granted anticipatory bail. The investigation is at initial stage. Thus, in view of seriousness of the allegations against the petitioners they are not entitled to the indulgence of pre-arrest bail under Section 438 Cr.P.C. Resultantly, Cr.MP(M) No.820 of 2011, Cr.MP(M) No.821 of 2011 and Cr.MP(M) No.824 of 2011 are dismissed. 6. The observations made in the judgment are for disposal of the bail applications and it shall not be construed as expression of opinion on the merits of the case. October 21, 2011 (Kuldip Singh), (sks) Judge.