Himachal Pradesh High Court
Sh. Balak Ram vs State Of Himachal Pradesh on 2 September, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF SEPTEMBER 2022
BEFORE
.
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CRIMINAL MISC. PETITION (MAIN) No. 1639 OF 2022
Between:-
SH. BALAK RAM,
S/O SH. DHAJU RAM,
AGED 48 YEARS,
R/O VILLAGE DHARAN,
P.O. DHABAS, TEHSIL CHOPAL,
DISTRICT SHIMLA, H.P.
THROUGH HIS BROTHER-IN-LAW
CUM-FIRST FRIEND, GUMAN SINGH,
S/O SH. RAMCHU RAM,
AGED 48 YEARS, R/O VILLAGE &
P.O. JUBBLI, TEHSIL KUPVI,
DISTRICT SHIMLA, H.P.
.....PETITIONER
(BY SH. PEEYUSH VERMA, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
.....RESPONDENT
(SH. RAM LAL THAKUR, ASSISTANT
ADVOCATE GENERAL FOR R-1,
SH.SURESH SAINI, ADVOCATE, FOR
THE COMPLAINANT,,
SH. RAJ KUMAR, DY.S.P. CHOPAL
PRESENT IN PERSON)
__________________________________________________
This petition coming on for orders this day, the
Court passed the following:
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2
ORDER
Petitioner, presently in custody, as an accused in .
FIR No.27/2022, dated 12.05.2022, registered under Sections 341, 323, 325, 504, 506, 307 & 34 Indian Penal Code & Section 3(2)(v) & 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, is seeking regular bail under Section 439 of the Code of Criminal Procedure.
2. Status report stands filed, which has been considered.
3. On 26.08.2022, following order was passed in the matter:-
"Status has been filed. Heard for some time. Let the investigating agency supply status report regarding hospitalization of the victim Pradeep Kumar alongwith ancillary details thereof viz date of admission in IGMC Shimla, discharged therefrom, date of admission in Civil Hospital Chopal, treatment therein, his present nature of illness and the reasons for his not being fit for giving statement.
List on 02.09.2022"
Respondent has filed the status report in terms of the above order. Relevant part thereof reads as under:-
"It is stated that the patient Sh. Pradeep Kumar came with history of assault with head injury. D.O.A, is 13/5/2022 and ::: Downloaded on - 03/09/2022 20:13:28 :::CIS 3 D.O.D. 21/6/2022 from this institution, patient was operated for head injury and discharged on 21/6/2022 on tracheotomy tube with GCS of E4VtM5 status. Patient is at .
present admitted in CH Chopal so present status cannot be commented by us. He is on tracheotomy tube, so patient is unable to speak and give statement at present" तहररर ककयय हह । CH चचपयल सस कपडरत कर वतरमयन कससकत कस बयरस मम रयय लर गई कजसमम कचककतसय अकधकयरर चचपयल कजलय कशमलय नस अपनर रयय मम , 1.
Pradeep Kumar was referred from CH Chopal to IGMC Shimla on 12/5/2022 with a/h/o assault at Dabas, He suffered from severe HI+®FTP SDH + communicated#(R) FTP region. He was transferred to CH Chopal from IGMC Shimla on 21/6/2022 so that the pt. could be under aseptic condition and his care regarding tracheotomy tube Ryle's tube, foley's catheterisation, suctioning could be done properly. 2. He is disoriented to time, place. & person. He has GLS of 6 i.e. E4V1M1, thus is in comatosed stage. He is suffering from Quadriplegics (Quadriplegias) as well. 3.
He is not fit for statement as he is in comatosed stage."
4. Heard learned counsel for the petitioner, learned Assistant Advocate General for respondent No.1 and learned counsel for respondent No.2 as well as gone through the status report & record produced by the investigating agency.
5. After arguing the matter for a considerable period of time, learned counsel for the petitioner at this stage submits ::: Downloaded on - 03/09/2022 20:13:28 :::CIS 4 that he is under instructions not to press the bail petition and prays for withdrawing the same. Prayer being innocuous has .
not been opposed by learned Assistant Advocate General.
Accordingly, the petition stands dismissed as withdrawn.
Pending miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua Judge 2nd September 2022 (rohit) ::: Downloaded on - 03/09/2022 20:13:28 :::CIS