LAWS(HPH)-2012-7-141

KURBAN Vs. STATE OF H P

Decided On July 12, 2012
KURBAN Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.M.P.(M) No.605 of 2012 and Cr.MP(M) No.606 of 2012 filed by Kurban and Ashif Ali alias Whether the reporters of the local papers may be allowed to see the Judgment?Yes Bhura respectively under Section 439 Cr.P.C. for releasing them on bail in FIR No.129 of 2012 dated 14.4.2012, registered at Police Station, Paonta Sahib, District Sirmour under Section 379 read with Section 34 IPC.

(2.) IT has been stated that a case under Section 379 read with Section 34 IPC has been registered against the petitioners at Police Station, Paonta Sahib. The FIR has been lodged on the behest of certain persons who are inimical towards the petitioners. The petitioners are innocent. They have committed no offence. The petitioners had filed bail applications under Section 439 Cr.P.C. but those were rejected by learned Sessions Judge, Sirmour District at Nahan. The petitioners are ready to furnish bail bonds in accordance with the directions of the Court. The submission has been made for releasing the petitioners on bail.

(3.) IT has been stated in the status report that during the investigation of FIR No.65 of 2012, Police Station, Nahan Kurban disclosed that he had stolen two tractors from village, Kollar. On 16.4.2012 the custody of petitioners were transferred from FIR No.118 of 2012, Police Station, Paonta Sahib to FIR No.129 of 2012, Police Station, Paonta Sahib. The accused Ashif Ali got recovered the tractor from the house of Sazid, but Sazid has absconded. The stolen trolley was sold to Billu, resident of village Khargain, Muzafar Nagar. Billu has also absconded. The recovery of stolen trolley is yet to be made.