MOHAMAD SALIM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, Mohamad Salim, who is behind bars for the last seven months has approached this Court in the instant proceedings filed under S.439 CrPC for grant of regular bail in FIR No. 72, dated 3.10.2019, under Ss. 420, 406, 504 and 506 and 120B IPC registered at CID, Police Station, Bharari, Shimla, Himachal Pradesh.

(2.) Status report filed pursuant to order dated 16.6.2020, reveals that the FIR detailed herein above, came to be registered at the behest of the complainant, Rajiv Ranta, who alleged that in the month of September, 2019, persons namely Wasim Ahmed, Yusuf Pathan and Salim Mohamad (petitioner) purchased 11 trucks of apple boxes (8381 boxes) for total consideration of Rs. 1,11,4,062/-, but till date only a sum of Rs. 61,00,000/- has been remitted in his saving bank account. He alleged that despite repeated requests, all the three persons named herein above are not making balance payment, as such, appropriate action in accordance with be taken against them.

(3.) Pursuant to filing of the aforesaid FIR, SIT constituted by Government of Himachal Pradesh for recovering the money of the various fruit growers, arrested all the above named persons from the State of Maharashtra. Present bail petitioner is behind the bars since 5.10.2019, whereas, another co-accused, Yusuf Pathan, who was arrested on 6.3.2020, stands enlarged on bail by this Court vide judgment of even date passed in CrMP(M) No. 749 of 2020. Yet another co-accused, Salim Mohamad has also approached this Court vide a separate bail petition, which is pending adjudication before Coordinate Bench of this Court.