Himachal Pradesh High Court
Parvati Devi vs State Of Himachal Pradesh on 5 July, 2019
Author: Anoop Chitkara
Bench: Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
Cr.MP(M) No.1220/2019
Date of decision : 05.07.2019
Parvati Devi ... Petitioner.
Versus
State of Himachal Pradesh ...Respondent
Coram:
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1
For the Petitioner
r : Ms. Aanandita Sharma, Advocate.
For the Respondent : Mr. Nand Lal Thakur, Additional Advocate
and Ms. Divya Sood, Deputy Advocate
General for State.
Anoop Chitkara, Judge (oral)
The present petition is under Section 439 of the Code of Criminal Procedure, seeking ad-interim as well regular bail in FIR No. 156/2010, dated 10.9.2010, registered in Police Station, Bhoranj, District Hamirpur, Himachal Pradesh, under the provisions of Sections 379 and 447 of the Indian Penal Code and Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act').
1Whether reporters of Local Papers may be allowed to see the judgment?
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2. Sub Inspector Rajeshwar Singh, Police Station, Bhoranj, .
District Hamirpur, Himachal Pradesh, is present alongwith record. He has filed the status report, which is taken on record in Cr.MP(M) No.1214/2019 and had also brought the police file. I have seen the status report as well as the police file to the extent it was necessary for the purpose of deciding the present petition and the same stands returned to the police official.
3. On 28.6.2019, this Court passed an interim order, directing the petitioner to be enlarged on bail on petitioner's furnishing personal bond in the sum of Rs.5000/- to the satisfaction of any of the Registrar/Additional Registrar/ Deputy Registrar of this Court, subject to the petitioner complying with the conditions imposed therein. The said interim order is in operation till date.
4. The gist of the First Information Report and the investigation is as follows:
(a) That the bail petitioner allegedly called the complainant by name and used the words which are prohibited under the provisions of the Act.
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(b) That the allegations are false, wrong and baseless and .
the petitioner has no connection with the said offence.
(c) It has been specifically averred that the petitioner has been roped into the case by the police just to save the real culprits and at the behest of the complainant who has inimical relations with the petitioner owing to some land dispute and the present FIR is a counter-blast to that.
(d) Hence, the present F.I.R. under the provisions of Section 3 of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 379 and 447 of the Indian Penal Code, was registered.
5. I have heard Ms. Aanandita Sharma, learned counsel for the petitioner as also Mr. Nand Lal Thakur, learned Additional Advocate General duly assisted by Ms. Divya Sood, learned Deputy Advocate General for the respondent/State. Status report also perused.
6. It has been admitted in the status report that the petitioner has joined the investigation as was directed by this Court. It has further been submitted that no recovery is to be ::: Downloaded on - 29/09/2019 00:25:15 :::HCHP ...4...
effected from the bail petitioner. Also in the status report .
there is no mention of any previous criminal history of the bail petitioner. The petitioner is a permanent resident of the address mentioned in the memo of parties. Therefore, the presence of the petitioner can always be secured. I am satisfied that the no purpose will be served if the bail petitioner is sent to judicial custody.
7. At this stage, reference is being made to Section 437 of the Code of Criminal Procedure where the Legislature has mandated that the provisions of bail for woman are not stringent.
8. In the result the present petition is allowed. Interim order dated 28.6.2019 is made absolute subject to further following conditions:
a) The petitioner is directed to join the investigation as and when called by the Investigating Officer. It shall be open for the Investigating Officer to call the petitioner as and when he feels such a necessity. The petitioner undertakes to appear before the Investigating Officer as and when directed to do so. However, whenever the investigation takes place within ::: Downloaded on - 29/09/2019 00:25:15 :::HCHP ...5...
the boundaries of the Police Station or Police Post, then the .
Petitioner shall not be called before 9 A.M and shall be let off before 5 p.m.
b) The Petitioner shall neither influence nor try to control the investigating officer, in any manner whatsoever.
c) The petitioner undertakes not to threaten or browbeat the complainant or to use any pressure tactics.
d) The Petitioner undertakes not to 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 from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
e) The Petitioner shall not hamper the investigation.
f) In case the of the launching of the prosecution, the petitioner undertakes to attend the trial and to appear before the Court which issues the summons or warrants and shall furnish fresh bail bonds to the satisfaction of such Court.
9. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the ::: Downloaded on - 29/09/2019 00:25:15 :::HCHP ...6...
trial Court shall decide the matter uninfluenced by any .
observation made herein above.
Petition stands allowed in the aforesaid terms.
Copy dasti.
(Anoop Chitkara), Judge.
5th July, 2019(KS)
r to
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