Himachal Pradesh High Court
Devender Singh vs State Of H.P on 3 June, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 578 of 2015
Date of decision: 3/6/2015.
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Devender Singh Petitioner.
Versus
State of H.P. Respondent.
Coram
The Hon'ble Mr.Justice Sureshwar Thakur, J.
Whether approved for reporting?1.
For the petitioner: Mr. Virender Thakur, Advocate.
For the respondent: Mr. R.S.Thakur, Additional Advocate General.
Sureshwar Thakur, J. (oral)
The instant application has been filed by the bail applicant under Section 439 of the Cr.P.C., for his being released from judicial custody wherein he is instantly lodged for his having allegedly committed offences punishable under Sections 323, 324, 307 IPC recorded in F.I.R. No. 56/15 registered at Police Station Boileauganj, District Shimla, H.P.
2. The Investigating Officer has submitted an apposite report obtained from the doctors attending upon the victims 1 Whether the reporters of the local papers may be allowed to see the Judgment?
::: Downloaded on - 15/04/2017 18:19:55 :::HCHP 2of the offence qua the condition of the latter. The treatment summary furnished by the doctors attending upon the victims of the offence stand extracted hereinafter:
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"Pt. Divya 24 years FA FA 40/W/o Tilak Raj CR No. 201502197098 R/o Kithan Shimla (H.P.) admitted on 26.2.2015 (at 3.30 a.m) A/H/O Assault by some person.
Pt. was evaluated and from to have multiple lacerations and incised wounds on shoulder, breast, arms Rt. Hand, calf and thigh region. Pulse was 100 min BP was 88/60.
r to Pt. also had decreased air entry on Rt. Side of chest subcutaneous emphysema. Pt. was resuscitated in casualty ward. CTVS consultation taken for injuries and Rt. Side chest tube placed. Ortho consultation taken for tendon injuries Rt. hand. Pt. operated by orthopedic team on 27.2.2015 and repair of cut/injured tendon done. Pt. discharged in stable condition on 7.3.2015 and attached to ortho OPD for follow up.
Pt. Madan Lal, 45 years, male, CR No. 2015 02197101, Kaithu, Shimla on 26.2.2015, discharged on 16.3.2015. Patient was initially brought to the casualty department at 2.00 a.m on 26.2.2015 with alleged history of assault at his home at Kaithu, Shimla. Patient on initial examination was conscious, oriented GCS of 15/15. Pt. had multiple incised wounds over R Check, R forehead, R occipital region, R side neck, R side Chest, R forearm. Patient was initially seen in casualty and ::: Downloaded on - 15/04/2017 18:19:55 :::HCHP 3 wounds were sutured by surgery department. ENT opinion was taken for difficulty in breathing on lying down. On examination, sutured wounds were seen as above. Mouth opening & tongue protrusion was .
normal. There was a 4 x 4 cm bulge over soft palate, reddish, non tender, no pulsations and no active bleed. Patient was advised CI head and X ray soft tissue neck.
Pt. was admitted with surgery department and investigation were done. CT chead showed fracture of anti wall maxillath, floor of orbit, temporal bone, compromise /oedema due occipital bone, sub gleal haematoma and air way to orophaniyangeal neurosurgery call was made and no action haematoma intervention was advised. Pt. was shifted to ENT department for management of airway compromise on 26.2.2015 at loam. Emergency tracheotomy was done and pt. was shifted to ENT male ward. On 1.3.2015 pt. developed swelling in the wound site of R cheek region.
Sutured was removed and wound dilated to drain 5 ml of serous fluid. Pt. dressing was started. Injection Glycopyrollati was started. The soft palate haematoma subsided by 4.3.2015 (post of day) & tracheotomy tube was removed and strapping was done. R cheek parotid duct fistula was managed conservatively by pressure dressing and Injection Glycopyrollti. The discharge stopped by 16.3.2015 and patient was discharged. At discharge, the tradustomy site was well healed and pt.::: Downloaded on - 15/04/2017 18:19:55 :::HCHP 4
had no respiratory difficult and speech was normal. Cheek laceration also had healed with no pus discharge/salivary leak. Pt. was relieved from the ward on 16.3.2015."
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Given the revelation, in the hereinabove extracted treatment summary furnished to the Investigating Officer by the attending doctor, of the victims of the offence, having come to be discharged from hospital and their condition being stable entwined with the fact that the investigation into the offence allegedly committed by the bail applicant is complete, as also, when the recovery of the alleged weapon of offence stands effected by the Investigating Officer at the instance of the accused, concomitantly then it would not be just and proper to prolong the judicial incarceration of the accused/bail-
applicant as any prolongation of his judicial incarceration would only curtail and throttle his personal liberty.
3. Consequently, in face thereof and in face of the fact that at this stage no material has been placed on record by the prosecution disclosing that in case the facility of bail is accorded to the bail applicant, there is every likelihood of his fleeing from justice or tampering with prosecution evidence.
::: Downloaded on - 15/04/2017 18:19:55 :::HCHP 5As a sequel, the bail application is allowed. The bail applicant is directed to be released from judicial custody wherein he is presently lodged, subject to the following conditions:
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(i) That he shall furnish personal and surety bonds in the sum of Rs.50,000 /- each to the satisfaction of the learned Chief Judicial Magistrate, Shimla
(ii) That the bail applicant shall join the investigation, as and when required by the investigating agency;
(iii) That he shall not directly or indirectly advance any threat, inducement or promise to any person acquainted with the facts of the case and shall not tamper with the prosecution evidence.
(iv) r That he shall not leave India without the prior permission of the Court.
(v) That he shall deposit his passport, if any, with the Police Station, concerned;
(vi) That in case, the injuries suffered by the victims of offence are proved fatal to them then it shall be open to the investigating officer to forthwith take into custody the bail applicant.
4. With the aforesaid observations, the present petition stands disposed of. It is, however, made clear that the findings recorded hereinabove will have no bearing on the merits of the case.
Dasti copy.
3rd June, 2015. (Sureshwar Thakur)
™ Judge.
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