DUNI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of Cr. MP (M) Nos. 180, 181, 182 and 184 of 2012 filed by Duni Chand, Dinesh Kapoor, Kuldeep Rao and Shivender Batish, respectively under Section 439 Cr. P. C. for releasing them on bail in FIR No. 60 of 2011 dated 24.5.2011 registered at Police Station, East, Shimla, under Sections 420, 467, 468, 471, 472 and 120 -B IPC. Cr. MP (M) No. 180 of 2012: It has been stated that on 24.5.2011 police arrested Haresh Sood and Kuldeep Rao in the above case. On 28.5.2011 Haresh Sood and Kuldeep Rao were ordered to be released on bail by Judicial Magistrate 1st Class, Court No. 1, Shimla. On 1.6.2011 the High Court took suo -motu cognizance against the order dated 28.5.2011. The police arrested the petitioner on 3.6.2011. On 29.6.2011 the High Court set -aside the order releasing Haresh Sood and Kuldeep Rao on bail. The petitioner was released on bail by Sessions Judge on 13.7.2011. The High Court again suo -motu took up the matter against the order of Sessions Judge releasing the petitioner on bail. On 16.8.2011 the High Court set -aside the order granting bail to the petitioner. The petitioner filed petition before the Supreme Court against the order of the High Court but the same was subsequently withdrawn. The Supreme Court granted liberty to the petitioner to apply for bail before the trial Court. The petitioner filed bail application which was dismissed by the Sessions Judge.

(2.) THE police after completion of investigation submitted the challan. The case is pending before the Judicial Magistrate 1st Class, Court No. 2, Shimla. The petitioner and others have been charged for offences punishable under Sections 420, 467, 468, 471, 472 and 120 -B IPC on 25.2.2012.

(3.) THE petitioner has pleaded facts almost on the lines of Cr. MP (M) No. 180 of 2012. It has been stated that petitioner was arrested on 3.6.2011 and petitioner was released on bail by the Sessions Judge on 13.7.2011. The High Court took suo -motu action against order dated 13.7.2011 releasing the petitioner on bail. On 16.8.2011 the High Court set -aside the order dated 13.7.2011 granting bail to the petitioner. The petitioner filed petition in the Supreme Court against the order of the High Court but that petition was subsequently withdrawn. The Supreme Court granted liberty to the petitioner to apply for bail before the trial Court. The petitioner filed bail application under Section 439 Cr. P.C. which was dismissed by the Sessions Judge.