PRAMOD KUMAR SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) .The present bail applications have been maintained by the petitioners under Sec. 439 of the Code of Criminal Procedure seeking their release in case FIR No. 35 of 2019, dtd. 12/2/2019, Whether reporters of Local Papers may be allowed to see the judgment? Yes.under Ss. 147, 148, 149, 452, 307, 323, 325, 382, 427, 506, 201 and 120B IPC and Ss. 25/54-59 of the Arms Act, registered in Police Station, Parwanoo, District Solan, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 12/2/2019 Shri Lakhwinder Singh (complainant) made a written complaint to the police, wherein he alleged that he is owner of M/s Dashmesh Transport Company, Shitla Mata Mandir, Old Kasauli Road, Tehsil Kasauli, District Solan, H.P. As per the complainant, on 11/2/2019, at about 04:30 to 05:00 p.m., 60-70 persons reached on the spot and 2/3 persons were armed with guns. He has further stated that Pramod Sharma (petitioner in Cr.MP(M) No. 281 of 2019) and one Pinkoo Sharma were leading the mob and they openly fired in the air.Promod Sharma and Pinkoo Sharma goaded the mob to kill the complainant, but somehow he managed to escape. The office of the complainant was damaged and cash amounting to Rs.1,50,000.00 (rupees one lac fifty thousand) was stolen. One Lakhwinder @ Goldy, who was present in the office, was beaten up by the mob. The complainant recognized some of the persons of the mob and he named them in his complaint. On the basis of the complaint, so made by the complainant, police registered a case and the investigation ensued. On 12/3/2019 police prepared a spot map and photographs of the spot were clicked.