Himachal Pradesh High Court
Ashwani Kumar And Another vs State Of Himachal Pradesh on 28 July, 2017
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MPM No. 880 of 2017.
Decided on: 28.7.2017.
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Ashwani Kumar and another ...Petitioners.
Versus
State of Himachal Pradesh ... Respondent.
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Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
r No.
For the petitioners. : Mr. Sanjeev Bhushan, Sr. Advocate
with Ms. Abhilasha Kaundal, Advocate
for the petitioners.
For the respondent. : Mr. Vikram Thakur, Dy. Advocate
General with ASI Roshan Lal, PS
Rajgarh, Distt. Sirmaur.
Ajay Mohan Goel, J (Oral)
By way of this petition, petitioners have prayed for grant of regular bail in connection with FIR No. 41 of 2017 dated 28/29.5.2017 registered at Police Station, Rajgarh, District Sirmaur under Sections 307, 452, 506 and 34 of Indian Penal Code.
1Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 29/07/2017 23:57:29 :::HCHP 22. As per petitioners they have been falsely implicated in the case, as they were not even present at the alleged scene of .
occurrence when the alleged crime is stated to have taken place. It is further their case that they have been falsely implicated in the matter as the complainant(s) want to grab their land by taking advantage of their peculiar circumstances.
3. I have heard learned counsel for the parties and have also gone through the status report as well as records of the case produced before me by learned Deputy Advocate General.
4. It is a matter of record that after petition filed under Section 438 of the Code of Criminal Procedure before this Court was withdrawn by the present petitioners, they surrendered to the police on 19.6.2017 and since 23.6.2017 they are in judicial custody. Status report further reveals that the main accused stands discharged from PGI, Chandigarh on 11.7.2017, but for reasons mentioned in the status report, his statement could not be recorded by the prosecution.
Whereas learned counsel for the petitioners has prayed that as the petitioners have been falsely implicated in the case, they be ordered to be released on bail, learned Deputy Advocate General has submitted that in case petitioners are ordered to be released on bail, then they ::: Downloaded on - 29/07/2017 23:57:29 :::HCHP 3 will influence the witnesses and will also hamper the course of investigation.
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5. The issue of petitioners being guilty of the offence alleged against them is a matter of trial. At this stage, this Court only has to appreciate as to whether the petitioners can be enlarged on bail or their enlargement on bail shall be detrimental to the investigation and/or free and fair trial. It is not in dispute that petitioners are local residents of village Kumharla, PO Tapral, Tehsil Rajgarh, Distt.
Sirmaur and the injured/aggrieved party is in relation to the petitioners and there is previous history of litigation between them. Though learned Deputy Advocate General has submitted that grant of bail to the petitioners may hamper the course of investigation but he also stated that when the petitioners were on anticipatory bail, they duly participated in the course of investigation and there was no act committed by them which could be perceived as an act of influencing the witnesses or hampering the course of investigation. In this background in my considered view, it will in the interest of justice in case this petition is allowed and the petitioners are enlarged on bail because the apprehension of the State that the petitioners' enlargement on bail may hamper the course of investigation, can be taken care of by this Court by imposing conditions upon the petitioners as well as ::: Downloaded on - 29/07/2017 23:57:29 :::HCHP 4 by reserving liberty to the State to approach this Court for cancellation of bail, in case petitioners violate the conditions of bail.
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6. Accordingly, this petition is allowed and the petitioners are ordered to be enlarged on bail, on their furnishing personal bonds to the tune of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of learned trial court, subject to the following conditions:-
i) They shall make themselves 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) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
iii) They 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) They shall not leave the territory of India without prior permission of the Court.
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 ::: Downloaded on - 29/07/2017 23:57:29 :::HCHP 5 cancellation of the bail in case petitioners abuses the bail which has been granted in their favour.
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Copy dasti.
(Ajay Mohan Goel)
Judge
28th July, 2017
(Guleria)
r to
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