Himachal Pradesh High Court
Dharam Pal @ Dharma vs State Of H.P on 17 March, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 105 of 2015.
Date of decision: 17/03/2015
.
Dharam Pal @ Dharma Petitioner.
Versus
State of H.P. Respondent.
Coram
The Hon'ble Mr.Justice Sureshwar Thakur, J.
Whether approved for reporting?1.
For the petitioner:
r Mr. Ajay Sharma, Advocate.
For the respondent: Mr. Vivek Singh Attri, Dy. A.G.
Sureshwar Thakur, J. (oral)
The instant application has been filed by the bail applicant under Section 439 of the Cr.P.C., for the grant of bail to him for his having allegedly committed offences punishable under Sections 454, 380, 120B of the IPC in F.I.R. No. 105 of 2014 registered at Police station Nadaun, District Hamirpur, H.P.
2. On the previous date of hearing the learned Additional Advocate General had opposed the grant of bail to the bail applicant on the score that though a sum of Rs. 11 lacs allegedly looted by the petitioner from SBI Nadaun has come to be recovered at his instance, nonetheless in the face of son of the petitioner 1 Whether the reporters of the local papers may be allowed to see the Judgment? ::: Downloaded on - 15/04/2017 17:47:57 :::HCHP 2 absconding, hence a sum of Rs.14 lacs allegedly looted by him from the premises has remained un-recovered. The factum of the bail petitioner having enabled .
effectuation of recovery at his instance of the amount allegedly looted by him at this stage is sufficient to connote the fact of his having rendered full and effective cooperation in the investigation carried out by the investigating officer into the offences allegedly committed by him, hence to the considered mind of this Court his judicial incarceration ought not to be prolonged any longer.
3. The factum of his son having absconded, hence recovery of Rs.14 lacs remaining uneffected cannot defacilitate the according of indulgence of bail to the bail petitioner. Even if the absconding accused is the son of the bail petitioner yet only on the bail petitioner being freed from judicial incarceration would enable him to aid and assist the investigating Officer to nab his absconding son. On the contrary, if his judicial incarceration is prolonged it would negate as well as stall the efforts of the investigating officer to nab the absconding son of the bail petitioner. Given the aforesaid grounds, which enfeeble the contention of the learned Deputy Advocate ::: Downloaded on - 15/04/2017 17:47:57 :::HCHP 3 General for declining the facility of bail to the bail applicant, hence this Court does not deem it fit and proper to prolong the judicial incarceration of the bail .
applicant. Accordingly, the indulgence of bail is granted to the bail applicant and the bail application is allowed. The bail applicant is ordered to be released from judicial custody wherein he is presently lodged on his furnishing personal bond in the sum of Rs.11 lacs with two local sureties in the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Nadaun, District Hamirpur and also subject to his fulfilling the following conditions:
(i) That the bail applicant shall join the investigation, as and when required by the investigating agency;
(ii) That he shall not directly or indirectly advance any threat, inducement or promise to any person acquainted with the facts of the case and shall not tamper with the prosecution evidence.
(iii) That he shall not leave India without the permission of the Court.
(iv) That he shall deposit his passport, if any, with the Police Station, concerned;
(v) That he shall apply for bail afresh when the challan is filed before the trial Court.
4. With the aforesaid observations, the present petition stands disposed of. It is, however, made clear that ::: Downloaded on - 15/04/2017 17:47:57 :::HCHP 4 the findings recorded hereinabove will have no bearing on the merits of the case.
Dasti copy.
.
17th March, 2015. (Sureshwar Thakur) ™ Judge.
r to
::: Downloaded on - 15/04/2017 17:47:57 :::HCHP