Rajinder Kumar @ Kala vs State Of Himachal Pradesh on 3 June, 2022

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Himachal Pradesh High Court

Rajinder Kumar @ Kala vs State Of Himachal Pradesh on 3 June, 2022

Bench: Vivek Singh Thakur

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

              ON THE 3rd DAY OF JUNE, 2022

                            BEFORE




                                                                     .
         HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





     CRIMINAL MISC. PETITION (MAIN) No. 1200 OF 2022

BETWEEN:





RAJINDER KUMAR @ KALA
(AGED 36 YEARS), SON OF LATE
SHRI LAJJA RAM, R/O VILLAGE
MALPUR, POST OFFICE BHOOD,





TEHSIL BADDI, DISTRICT
SOLAN, H.P. THROUGH HIS
COUSIN BROTHER SH. BALBEET                                        PETITIONER
SINGH
BY SH. M.A SAFEE, ADVOCATE)


AND

STATE OF HIMACHAL PRADESH                                       RESPONDENT


(BY SH. HEMANT VAID, ADDITIONAL ADVOCATE
GENERAL
PSI GURUBAKSH P.S BADDI,
SOLAN, PRESENT IN PERSON.




Whether approved for reporting?





                This petition coming on for orders this day, the Court

passed the following :





                             ORDER

Present petition has been preferred seeking interim bail in case FIR No.273 of 2014 dated 26.11.2014, registered under Sections 302, 452, 506,34 and 201 of the Indian Penal Code registered in Police Station Baddi, District Solan,HP.

2. Status report stands filed.

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2. Petitioner is under trial prisoner since 2014 and at present he is in District Jail Bangarh, Distt. Una, H.P. Interim bail has been prayed on the ground that brother of petitioner namely Subhash Chand .

has expired on 27.5.2022 and there is no other male member in the family of petitioner and Subhash Chand except 11 years old son of Subhash Chand to perform last rites and rituals.

3. Death certificate of Subhash Chand, death certificate of father of petitioner who has expired on 21.7.2021 and copy of Family

r to Register have been placed on record to substantiate the claim of the petitioner.

Aforesaid facts have been verified by S.H.O. P.S Baddi through Up Pradhan, Gram Panchayat Malpur, Nalagarh, Distt. Solan.

5. Considering the facts and circumstances and nature of the incident happened in the family of the petitioner, petitioner is enlarged on inerim bail for limited period as detailed hereinafter subject to furnishing bail bonds in the sum of Rs. 50,000/ with one surety in the like amount to the satisfaction of trial Court and also subject to following conditions:

i) The interim bail is granted to the petitioner up to 30.6.2022. Petitioner shall surrender on 30.6.2022 at or before 3.p.m, before the Superintendent of Jail from which he shall be released.

ii) Petitioner shall not visit any other place except where his presence is necessary to perform the rites and rituals on account of death of his brother Subhash Chand ::: Downloaded on - 04/06/2022 20:03:09 :::CIS 3

(iii) That the petitioner shall not directly or in directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the .

evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iv) That the petitioner shall not obstruct the smooth progress of the trial;

(v) That the petitioner shall not misuse his liberty in any manner;

(vi) That the petitioner shall not jump over the bail;

(vi) That in case petitioner indulges in repetition of similar offence (s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution;

6. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

7. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

8. Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc.

Instructions/93IV7139 dated 18.03.2013.

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9. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not .

insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.

10. Petition is disposed of in aforesaid terms. Dasti copy on usual terms.

(Vivek Singh Thakur), 03 June, 2022 Judge.

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