SAMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has moved this application under Section 439 of the Code of Criminal Procedure for the grant of bail as he is in custody in connection with FIR No. 186 of 2013 dated 24.11.2013, registered at Police Station, Bhunter, District Kullu, under Sections 420, 467, 468, 471, 472, 201, 409 and 120B of the Indian Penal Code and 7, 8, 9, 13 of the Prevention of Corruption Act. The learned Additional Advocate General has placed on record the status report and Sanjay Sharma, Deputy Superintendent of Police (HQ), Kullu alongwith Investigating Officer, ASI Ram Lal, Police Station, Bhunter have produced the record of the case.

(2.) It appears that one Dhani approached the Manager of the Union Bank of India, Bhunter for obtaining Kisan Credit Card to the tune of Rs. 13,00,000/- vide copy of jamabandi of Khasra numbers 868/730, 864/730, khata khatauni Nos. 128/171, 129/172, measuring 21-12-11 bighas, situated in Mauja Pali, Sub Tehsil Aut, District Mandi, H.P. Subsequently it was found out the aforesaid jamabandi was forged and fake so the accused Dhani Ram cheated the bank. On the basis of these allegations FIR under Section 420, 467, 468, 471, 472, 409 and 120B IPC was registered at Police Station, Bhunter, District Kullu vide FIR No. 186 of 2013 dated 24.11.2013 at the instance of the bank Manager of Union Bank of India, Kullu Shri Narpat Ram.

(3.) During investigation, it was found out that the accused Sunder Lal had taken accused Dhani Ram to another accused Hem Raj who was retired Manager of the Bank and all the accused hatched the conspiracy to commit the aforesaid offence. The coaccused Revat Ram had picked up two blank forms of jamabandi and had prepared the fake jamabandi. It is further alleged that the fake jamabandi was verified by affixing fake stamps which were got prepared in the printing press of the petitioner on payment of Rs. 80/-. During the course of investigation the applicant was arrested on 5.2.2014 and is presently in judicial custody. The applicant had filed a bail application before learned Sessions Judge, Kullu, which was registered as bail application No. 112 of 2014 and the same was dismissed on 13.3.2014.