Himachal Pradesh High Court
Sanjeev Acharya vs State Of Himachal Pradesh on 23 November, 2017
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. M.P.M. No.: 1241 of 2017
Date of Decision: 23.11.2017
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______________________________________________________________________
Sanjeev Acharya ....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: Mr. Ramakant Sharma, Senior Advocate,
with M/s. Anita and Basant Thakur,
Advocates.
For the respondent:
r M/s. Vikram Thakur and Parul Negi,
Deputy Advocate Generals.
SI Harish Kumar, Police Station Manali,
District Kullu, present alongwith records
of the case.
Ajay Mohan Goel, Judge (Oral):
Learned Deputy Advocate General has filed the status report. He further submits that the petitioner has joined the investigation as and when called for by the Investigating Officer. He has fully cooperated in the course of investigation and his custodial interrogation is not required in the case.
2. In view of above, the petition is allowed. Order, dated 22.09.2017 is made absolute subject to the following conditions:
Whether the reporters of the local papers may be allowed to see the Judgment?::: Downloaded on - 23/11/2017 23:35:19 :::HCHP 2
(i) He/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) He shall not hamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
(iii) He 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) He shall not leave the territory of India without prior permission of the Court.
3. It is clarified that the observations made by this Court in this order are only for the purpose of adjudicating upon the present bail petition and the learned trial Court shall not be influenced by any of these observations while deciding the case on merits, in the course of trial. It shall be open for the prosecution to move this Court for cancellation of the bail in case petitioner abuses the bail which has been granted in his favour.
Copy dasti.
(Ajay Mohan Goel) Judge November 23, 2017 (bhupender) ::: Downloaded on - 23/11/2017 23:35:19 :::HCHP