DILDAR MOHAMMED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in FIR No. 30 of 2014, registered against him under Sections 379 read with Section 34 of the Indian Penal Code, in Police Station, Sadar, District Chamba. He apprehends his arrest in connection with the case so registered against him and his co-accused, seven in number. His co-accused were arrested in this case and after their custodial interrogation, have since been ordered to be released on bail in an application under Section 437 Cr.P.C. filed in the Court of learned Chief Judicial Magistrate, Chamba. The complaint is that the accused-petitioner, after registration of the case, had absconded and was not available to the police for the purpose of interrogation. Learned Additional Advocate General, on instructions from the IO/ASI Manoj Kumar, submits that the accused has joined the investigation only for once, that too on the direction of this Court in the interim order passed by this Court on the previous date.

(2.) The record produced by IO/ASI Manoj Kumar, Police Post, City Chamba, reveals that the offence committed by the accused-petitioner is heinous and grievous in nature, being not against an individual but against the society as a whole, for the reason that he alongwith his co-accused had stealthily removed 35 pieces of electric iron poles alongwith electricity wire from the store of H.P. State Electricity Board, situated at Parel in Chamba town. Not only this, but the co-accused of the petitioner were caught red handed while cutting and converting the stolen electric poles into pieces and were to be sold by them in the market. The offence has, therefore, been committed in a planned manner intentionally and willfully to cause loss not only to the Electricity Board but also the society as a whole, as these poles were meant to supply electricity to the people.

(3.) I, therefore, find considerable force in the submission made by learned Additional Advocate General that in the present case to find out the truth and un-earthen the conspiracy and also to ensure that such type of offence is not committed, the custodial interrogation of the accused-petitioner is required. Therefore, the accused-petitioner shall surrender himself today itself to the IO/ASI Manoj Kumar, who shall take him to Chamba and interrogate him in custody till 7th February, 2014. Thereafter, he shall be released on bail on 8.2.2014, on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/Judicial Magistrate, Chamba. He shall further abide by the following conditions: