Sandesh Kumari vs State Of Himachal Pradesh on 29 March, 2018

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Himachal Pradesh High Court

Sandesh Kumari vs State Of Himachal Pradesh on 29 March, 2018

Bench: Ajay Mohan Goel

                                              1


    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          Cr. MPM No.:                      256 of 2018

                                          Date of Decision:                   29.03.2018




                                                                           .
    ______________________________________________________________________





    Sandesh Kumari                                        ....Petitioner.

                                             Vs.
    State of Himachal Pradesh





                                                                       .....Respondent.

    Coram:
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge





    Whether approved for reporting?1 No.
    For the petitioner:                   M/s. H.S. Rana, Amrinder Singh Rana &
                          r               Ritika Kashav, Advocates.

    For the respondent:                   M/s. Desh Raj Thakur, Additional
                                          Advocate General, with Mr. Kamal Kant

                                          Deputy Advocate General and Mr. Rajat
                                          Chauhan, Law Officer.

                                          ASI Duni Chand, IO Police Post Rehan,
                                          Police  Station    Nurpur is   present


                                          alongwith records.

    Ajay Mohan Goel, Judge (Oral):

Learned Additional Advocate General has filed fresh status report, which is perused and taken on record. On instructions, he submits that petitioner is duly joining and cooperating in the investigation and his custody is not required for the purpose of investigation.

2. In view of the above, this petition is allowed and order dated 21.03.2018 is made absolute, subject to the following conditions:

Whether the reporters of the local papers may be allowed to see the Judgment?

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"i) Petitioner 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) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iii) She shall not make any inducement, threat or 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

iv) r She shall not leave the territory of India without prior permission of the Court."

3. It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon her while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

(Ajay Mohan Goel) Judge March 29, 2018 (bhupender) ::: Downloaded on - 31/03/2018 23:00:00 :::HCHP

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