Himachal Pradesh High Court
Harbans Singh vs State Of Himachal Pradesh on 20 October, 2016
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P.(M) No. 1055 of 2016
Date of decision: 20th October, 2016.
.
Harbans Singh ...... Petitioner
Vs.
State of Himachal Pradesh ..... Respondent
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
of
Whether approved for reporting? . No. 1
For the petitioner : Mr. Satyen Vaidya, Sr. Advocate with Mr.
For the respondent
rt :
Vivek Sharma, Advocate.
with Mr. J. S. Guleria, Asstt. Advocate
General.
Tarlok Singh Chauhan, Judge (Oral)
The petitioner seeks regular bail in case FIR No. 23/2016, registered at Police Station, Nalagarh, under Section 302, 201, 342, 323 and 34 IPC.
2. The petitioner has thrown himself to the mercy of the Court and has not claimed the bail on merit but only prays that he be released on bail only on medical grounds.
3. Even earlier when the case came up before this Court on 29.09.2016, similar request was made and it was then that the Investigating Agency was directed to produce the medical record(s) of the petitioner. Even at that time, this Court was of the Whether the reporters of the local papers may be allowed to see the Judgment? Yes.
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opinion that keeping in view the health condition of the petitioner, he ought to be released on bail, however, the matter .
was adjourned so as to observe as to whether the health condition of the petitioner improved. When the matter was taken up today, even the respondent did not dispute that the condition of the petitioner has not at all improved. Apart from other of ailments, he is suffering from diabetes Type-II and still admitted in hospital.
4. rt Therefore, in such circumstances, this is a fit case that the petitioner ought to be released on bail. However, it is clarified that the lenient view is being taken and bail is being granted only on medical ground and not any other ground. It is further made clear that in case condition of the petitioner improves or the petitioner is found to be violating the terms and conditions of this order, the bail so granted will liable to be cancelled.
5. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 23/2016, registered at Police State, Nalagarh, under Section 302, 201, 342, 323 and 34 IPC, on his furnishing personal bond in the sum of Rs.1,00,000/- with two sureties of the like amount to the satisfaction of the Judicial Magistrate Ist Class, Nalagarh, District Solan, with the following conditions:-
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(i) he shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if .
prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
(ii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
(iii) He shall not make any inducement, threat or of promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer, and rt
(iv) He shall not leave the territory of India without prior permission of the Court.
6. Learned Judicial Magistrate Ist Class, Nalagarh, District Solan, is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc. Instructions/93- IV.7139 dated 18.03.2013
7. Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.
Petition stands disposed of.
Copy dasti.
October 20, 2016 ( Tarlok Singh Chauhan ),
(sanjeev) Judge
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