MOHAMMAD SHARIF Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, who is behind the bars since 30/3/2022, has approached this court in the instant proceedings filed under Sec. 439 Cr.PC, for grant of regular bail, in case FIR No. 46/22 dtd. 12/2/2022, registered at Police Station Sadar, District Una, Himachal Pradesh, under Ss. 457, 380, 485, 201 and 120-B IPC.

(2.) Pursuant to order dtd. 18/10/2022, respondent-state has filed the status report. SI/IO Ajeet Singh, PS Una, has also come present with the records. Records perused and returned.

(3.) Close scrutiny of record/status report reveals that on 12/2/2022, police after having received information that locks put on the shutters of grocery shop in Jalhera, District Una, reached on the spot and found that apart from locks put on the shutter back wall of the shop was also broken. Complainant Devinder Nath Puri, who happens to be the proprietor of Ms. Puri Brother, Jalhera gave statement to the police under Sec. 154 CrPC, alleging therein that on 11/2/2022 at 8pm, he alongwith his brother Sanjeev Kumar and nephew Sahil after closing their shop came to Ghaluwal (Saloh), but on the next day, at 8.10am when they reached at their shop, locks put on the shutter were found to be broken. He also alleged that when shop was opened, one side wall was also found to be broken. He alleged that Rs.9.5 lac kept in the chest of the counter was also found to have been stolen. In the aforesaid background, police lodged FIR under Ss. 380 and 457 of IPC and during investigation, found the involvement of persons namely Shakha alias Mohmad Shakhi, Talib Hussain, Mohmad Shafi and Mohmad Sharif. i.e. present bail petitioner. Investigation revealed that persons namely Talib Hussain, Mohd. Shariff and the Mohamad Shafi after having broken the locks and side wall of the shop committed theft in the shop of the complainant. During investigation accused namely Talib Hussan and bail Mohd. Shafi disclosed to the police that they alongwith co-accused Mohmad Sharif i.e. present bail petitioner had committed theft of Rs.9.5 lac, but such amount was handed over by them to the accused Shakha alias Mohd. Shakhi, who had told them that since matter has come to the notice of the police, they are required to refund the money. Investigation reveals that though accused Shakha alias Mohd. Shakhi took the stolen money from the accused Talib Hussain and Mohd. Shafi, but never deposited the same with the police and as such, he was also arrested. Accused namely Shakhi Shakha alias Mohd. Shakhi already stands enlarged on bail. Since investigation in the case is complete and nothing remains to be recovered from the present bail petitioner, he has approached this Court in the instant proceedings, praying therein for grant of regular bail.