Advocates:
['Ajay Kochhar', '', 'Vivek Sharma', 'AG', '']

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. 424 of 2020 with 448 & 1776 of 2020.

Reserved on: March 26, 2021.

Date of Decision: March 30, 2021.

Cr.MP(M) No. 424 of 2020.

Paratha Sarthi Mitra

...Petitioner.

Versus

State of H.P.

...Respondent.

Cr.MP (M) No. 448 of 2020.

Vinod Mittal

….Petitioner

Versus

State of H.P.

….Respondent.

Cr.MP(M) No.1776 of 2020.

Vivek Dogra

….Petitioner

Versus

State of H.P.

….Respondent

Coram:

The Hon’ble Mr. Justice Anoop Chitkara, Judge.

Whether approved for reporting?¹ NO

For the petitioners

:

Mr. Bimal Gupta, Senior Advocate with Ms.

Poonam Mogta, Advocate.

For the respondent

:

Mr. Nand Lal Thakur, Addl. A.G. with Mr. Ram Lal

Thakur, Asstt. A.G. and Mr. Rajat Chauhan, Law

Officer.

FIR No.

Dated

Police Station

Sections

07/11

21.3.2011

SV & ACB Shimla

8 of PC Act, 1988

1

Whether reporters of Local Papers may be allowed to see the judgment?

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Anoop Chitkara, Judge.

For commission of offence under Section 8 of the Prevention of Corruption

Act, 1988, the petitioners, who are now apprehending arrest, have came up before

this Court under Section 438 CrPC, seeking anticipatory bail.

2.

A perusal of the petitions reveals that the petitioners straightaway filed the bail

petitions before High Court, which is permissible given the decision of a three

Judges Bench of HP High Court, in Mohan Lal v Prem Chand, AIR 1980 HP 36,

(Para 9 & 15), wherein the Full bench holds that a person can directly apply for an

anticipatory bail or regular bail to the High Court without first invoking the

jurisdiction of the Sessions Court.

3.

In the bail applications, the petitioners declare having no criminal history.

4.

The status report reveals the following facts:

(a) That on the basis of source report that Sh. Vinod Mittal R/o Sector 20,

Panchkula (HR), who is the proprietor of A.M. Industry Jharmajri, Baddi,

in connivance with Sh. Vivek Dogra S/o Sh. Narender Dogra, R/o Lower

Bazar Shimla, who is a dealer of property, often influences public servants

in lieu of granting permission under Section 118 of HP Tenancy & Land

Reforms Act, 1972, that on 21.03.2011, Sh. Vinod Mittal along with

money to influence the officers of the Revenue Department and has

proceeded towards Shimla in Vehicle No. HR-03L-0633 and that if he is

intercepted, a huge amount of gratification may be recovered from him,

the aforesaid case was registered under Section 8 of P.C. Act, 1988 against

Sh. Vinod Mittal.

(b) That the raiding teams were constituted which proceeded towards Tara

Devi to intercept the vehicle. The team observed that another vehicle No.

HR06K-0045 (Innova) is escorting vehicle No. HR03L-0633 and as such

both the vehicles were intercepted by the team near old bus stand, Shimla.

But due to the traffic congestion, both the vehicles were brought to the

complex of PS, SV&ACB, Shimla, where they were searched. Sh.

Chander Prakash Kathuria & Sh. Vinod Mittal were found sitting in

vehicle No. HR06K-0045 (Innova) along with a driver and during the

search of the vehicle, two brief cases along with one bag were found and

upon checking, an amount of Rs.5 Lacs, a few cheque books, revenue

papers, sale deeds and GPA were found and the same were handed over to

Sh. Chander Prakash Kathuria. However, nothing objectionable was found

during the search of vehicle No. HRO3L-0633 Swift car.

(c) That during the course of investigation, transcriptions of recordings of

the telephonic interceptions of conversations of suspected person namely

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Vinod Mittal and Vivek Dogra were made and analysed, which suggested

that Vinod Mittal was obtaining money from various parties interested in

purchasing land in HP for facilitating permission under section 118 of HP

Tenancy and Land Reforms Act,1972 by exercising