BHAGAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) CR .MP(M) No. 1008 of 2009 has been filed by Bhagat Ram and Cr.MP(M) No. 1009 of 2009 has been filed by Shiv Chand, under Section 438 Cr.P.C. for releasing them on bail in FIR No. 8 of 2008 registered on 27.8.2008 at Police Station, State Vigilance and Anti -Corruption Bureau, Kullu under Sections 420, 120 -B, 201 IPC and Section 13 (2) of the Prevention of Corruption Act, 1988. Both the petitions are being disposed of by common judgment. The status report has been by the respondent in each petition.

(2.) HEARD and perused the record. In Cr.MP(M) No. 1008 of 2009, It has been submitted on behalf of the petitioner that petitioner had been working as Junior Assistant in the office of Nagar Panchayat, Manali and he retired in July, 2009 as Junior Assistant. The allegations in the FIR are wrong, incorrect. The petitioner is innocent, he has committed no offence. It has been alleged that in March, 2004 some material was purchased. The consumable items have been used and nonconsumable items are still lying in the stock. The orders were placed by way of tender through publication and many contractors had participated. The rate contract of Suresh Kumar was lesser for certain items. On the basis of recommendations of the President, Vice -President etc., contractor supplied the material which was entered in the Stock Register by Shiv Chand.

(3.) IN 2004, audit party conducted the audit and no ambiguity was found by the audit team as the bills and cheques were found in the record. The complaint has been lodged due to rivalry between previous administration and the present administration. The petitioner has no concern whatsoever with the record as it remains with the Secretary and the President. The role of petitioner in the whole episode is that he had issued a cheque against bill which was duly sanctioned by the President, thereafter signed by Secretary as well as President. He had no independent power to sanction the same in the capacity of Junior Assistant. The proceedings have been initiated against the petitioner after five years without any basis. The petitioner had filed a bail application before the learned Special Judge, Kullu which has been dismissed on 12.11.2009. The petitioner is ready to join the investigation. No recovery is to be made from the petitioner, he is ready to furnish bail bonds. In Cr.MP(M) No. 1009 of 2009 Shiv Chand has taken almost same grounds for granting him bail under Section 438 Cr.P.C. as have been taken by Bhagat Ram in Cr.MP(M) No. 1008 of 2009. Shiv Chand, Clerk is still in service.