RAJINDER VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Learned Additional Advocate General has placed on record the status report and Shri Babu Ram, Additional SHO Police Station, Sadar, Shimla, has produced the record. The petitioner is a contractor. Being the highest bidder, the Municipal Corporation's parking, on the cart road near lift, has been tendered to him. He has been issued the receipt books by the Municipal Corporation and the rates to be charged by him in respect of the parking of different categories of the vehicles are also prescribed.

(2.) The allegations against him in a nut shell are that on 8th December 2013, when the Deputy Mayor, Municipal Corporation, Shimla has conducted surprise checking of the parking, found the petitioner charging exorbitantly, over and above the rates prescribed, from the persons utilizing the facility of parking. Not only this, but he was found to have printed his own receipt books and issuing the receipts over and above the prescribed rates. It is on the complaint lodged by Municipal Corporation, Shimla, FIR No. 245/13, dated 30.12.2013, under Sections 416, 420, 467, 468, 471 IPC came to be registered against him in police station, Sadar, Shimla. On the next day of the registration of FIR i.e. 31.12.2013, the accused-petitioner has been arrested in this case and presently confined in judicial custody. The investigation is in progress as the hand writing of Amit Kumar employed by him in the parking is left to be obtained and the statement of the persons from whom he has collected the charges over and above the prescribed rates are also to be associated in the investigation.

(3.) Having gone through the record and also taking into consideration the rival contentions, true it is that the offence, the accused-petitioner has committed, is not only grievous in nature, but heinous also, however, whether he has committed the offence in the manner as alleged in the complaint is yet to be determined during the course of trial after holding full trial by the competent Court. Keeping in view the settled legal principle that an offender has to be believed innocent unless and until otherwise held guilty after holding full trial coupled with the factum that he belongs to District Shimla and as such is permanent resident of Himachal Pradesh and also that right from the very first day of his arrest, he was not required for the purpose of custodial interrogation and rather from time to time is being remanded in judicial custody, the present is a fit case where the accused deserves to be admitted on bail. I, therefore, allow this application and order that the accused-petitioner, who has been arrested in connection with FIR No. 245/13 and presently confined in judicial custody, shall be released on bail, subject to his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/or any other Judicial Magistrate 1st Class, Shimla. He shall further abide by the following conditions:--