JASBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release in case FIR No. 129 of 2017, dated 23.11.2017, under Section 411 and 414 of Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and Section 13(2) of PC Act, Police Station Bharari, District Bilaspur, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, 14.05.2017 police took into possession a wanted vehicle, having registration No. PB10 DM-9590, from the petitioner. The petitioner could not produce any document qua the vehicle. The petitioner was informed twice to produce the documents of the vehicle, but he did not produce the same. As per the report from District Transport Authority, Ludhiana, the registration of the above vehicle was cancelled as the same was reported as total loss in an accident. The report further revealed that Engine No. of vehicle having registration No. PH10DM-9590 was 17081 and Chassis No KC2A60206, however, the vehicle which was taken into possession by the police has Engine No. KC94H27628 and Chassis No. MAIXU2KCN92H72699. It was further unearthed that vehicle having Engine No. KC94H27628 and Chassis No. MAIXU2KCN92H72699 was purchased by one Gurvinder Pal Singh of Aman Nagar, Sader Road, Jalandhar, Punjab, in the year 2009 and the same was stolen. The actual registration No. of the vehicle is PB 08BM-255. Therefore, it was found that the petitioner was plying a stolen vehicle and thus a case was registered against him and the investigation ensued. During the course of investigation it was revealed that accused Sohan Singh purchased the vehicle in question from one Ashwani Kumar, son of Shri Vijay Kumar, House No. 105, Basti Baba Khel, Tehsil and District Jalandhar and Sohan Singh has been enlarged. In the month of December, 2013, the vehicle was with the petitioner. The investigation further revealed that on 09.09.2014 said Ashwani Kumar has expired and his wife showed ignorance about the vehicle in question. As per the prosecution, the custody of the petitioner is required to ascertain the truth. Lastly, the prosecution has prayed for dismissal of the petition.