Simranjit Singh vs State Of Himachal Pradesh
2023 Latest Caselaw 1925 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 488 of 2023 Decided on: 07.03.2023

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    Simranjit Singh                         ......Petitioner





                                            Versus





    State of Himachal Pradesh                   ...... Respondent

........................................................................................... Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioner :

For the respondent :

r to Mr. Arsh Rattan, Advocate.

Mr. Y.P.S. Dhaulta, Additional Advocate General.

HC Vijay Kumar No.29, present in person.

Jyotsna Rewal Dua, Judge

Instant bail petition has been moved for grant of

anticipatory bail under Section 438 of Code of Criminal Procedure in

FIR No.40/2022 dated 07.03.2022, at Police Station Amb, District

Una, registered under Sections 420, 406, 409 and 120B of the Indian

Penal Code.

2. Respondent has filed status report and also produced

record of the case.

3. The gist of the prosecution is that on 07.03.2022, the

Credit Manager of Bharat Financial Inclusion Limited (Branch of

Indusing Bank Ltd.), Branch Amb, District Una lodged a complaint in

Whether reporters of the local papers may be allowed to see the judgment?

the police station. The complainant stated that the Bank in question

provides loan facilities to women. Field Officers have been appointed

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in the Bank for processing the loan cases and collection of loan

installments. The petitioner/the then Branch Credit Manager had

embezzled an amount of Rs.10,16,217/-, whereas the co-accused

person Sh. Nitish Sahotra, working as Collection Agent, had usurped

an amount of Rs.1,44,759/-. These two persons had taken the

amounts in question in cash from the women in lieu of repayment of

loan installments, but instead of depositing the amount in the loan

accounts, the same was embezzled by them. The complainant further

alleged that embezzlement came to his notice during a meeting held

for monitoring the working of the field staff. On the basis of the

aforesaid complaint, FIR was registered and further investigations

ensued. Statements of some of the affected women loanees were

recorded under Section 161 of the Code of Criminal Procedure.

4. Ad-interim protection was granted in favour of the

petitioner vide order dated 28.02.2023, subject to the conditions

mentioned therein

5. As per the status report, the petitioner has joined the

investigations and is co-operating with the Investigating Agency.

6. Learned counsel for the petitioner argued that the

petitioner had not committed any offence whatsoever. He was

engaged as a Branch Credit Manager and had resigned on

02.12.2021. That he was holding no part and parcel in collection of

the amount. The amount was collected by the field staff, whereas he

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was stationed in the office at Amb District Una. The petitioner had

been falsely named in the FIR. He had not embezzled any amount

belonging to the Company/Bank. It has further been submitted that

the petitioner will continue to abide by all the conditions of the bail in

case the ad-interim bail order is made absolute. That he will not

tamper with the prosecution evidence and will not make any threat or

promise to any person acquainted with the facts of the case to

dissuade him/her from disclosing truth to the Police/Court.

Learned Additional Advocate General did not dispute

that the petitioner has joined the investigation and is co-operating with

the Investigating Agency. In fact status report does not insist for

custodial requirement of the petitioner.

7. The petitioner is 25 years old local resident. The

allegation levelled against him in the status report is that he has

pocketed an amount of Rs. 7,48,520/-, which he had received from

the loanees towards repayment of loan installments. The explanation

given by the petitioner in the bail petition is that he was Branch Credit

Manager and stationed in the office at Amb District Una. That he had

not received any collection of the amount from the loanees towards

payment of loan installments. In the facts and circumstances of the

case, taking into consideration the post held by the petitioner in the

bank in question, the mode and manner of commission of offence

alleged to have been committed by him, the explanation offered by the

.

petitioner at this stage coupled with the fact that respondent/State has

not insisted his custodial interrogation, in my considered view, the

petitioner has made out a case for confirmation of the ad-interim bail

order. Status report does not indicate any criminal background of the

petitioner. Trial of the case will take a substantial period for

conclusion. There is no complaint about petitioner's abusing the

liberty granted to him in terms of order dated 28.02.2023.

Accordingly, the instant petition is allowed. The interim protection

granted to the petitioner vide order dated 28.02.2023 is made

absolute subject to following conditions:

(i). The petitioner shall join and cooperate with the investigation of the case as and when called for by the

Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior

permission of the Court.

(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

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(vi). Petitioner shall inform the Station House Officer of

the concerned police station about his place of residence during bail and trial. Any change in the same shall also

be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if

any.

In case of violation of any of the terms & conditions of

the bail, respondent-State shall be at liberty to move appropriate

application for cancellation of the bail. It is made clear that

observations made above are only for the purpose of adjudication of

instant bail petition and shall not be construed as an opinion on the

merits of the matter. Learned Trial Court shall decide the matter

without being influenced by any of the observations made

hereinabove.

With the aforesaid observations, the present petition

stands disposed of, also the pending miscellaneous application(s), if

any.

Jyotsna Rewal Dua Judge 7th March,2023 (rohit)