Himachal Pradesh High Court
Mata Dass vs State Of H.P on 10 March, 2021
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.MP(M) No. 1964 of 2020
.
Decided on : 10.3.2021
Mata Dass .....Petitioner
Versus
State of H.P. ....Respondent.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Satyen Vaidya, Sr. Advocate with Mr.
r Vivek Sharma, Advocate.
For the respondent: Mr. Ashwani Sharma & Mr.
Narender Guleria, Addl. A.Gs.
Sureshwar Thakur, J (oral)
The bailpetitioner is facing charges, for, commission of offence(s) punishable under Section 302, and, Section 201 read with Section 34 of the IPC, hence, registered at Police Station, Jawali, District Kangra, H.P.
2. Status report is placed, before this Court, by the learned Additional Advocate General, and, perusal thereof discloses, that a fully operational sawing machine, is, in the name of the bailapplicant Mata Dass, and, that it is being managed by his son Aakarshit, and, by his mother Shakuntla.
However, the mother of the petitioner is aged about 76 years, 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 10/03/2021 20:15:23 :::HCHP -2-and, his son is aged about 18 years, hence both, are, not fully capacitated to efficiently run the sawing machine. Furthermore, .
since there is also landed property in the name of the bail applicant, and, crops are sown thereon, yet, even with respect to efficient management(s) thereof, only both afore are available, and, thereupons qua management(s) thereof, by the afore, also the afore handicaps do surge, whereupon for ensuring the efficient management thereof, the strived indulgence is grantable.
Consequently, the prayer made before this Court by the learned counsel for the petitioner, that Mata Dass, bailapplicant be released on bail, only for six weeks, for ensuring, his making management(s), for, operation, of, his sawing machine and, of, his landed property, is accepted. Accordingly, the bail petitioner is ordered to be released, from, judicial custody only for six weeks, subject to compliance, by him, with the following conditions:
i) That he shall furnish personal and two surety bonds in the sum of Rs. 50,000/, each to the satisfaction of the learned trial Court concerned.
ii) That he shall join the investigation, as and when required by the Investigating agency.::: Downloaded on - 10/03/2021 20:15:23 :::HCHP -3-
iii) That he shall not directly or indirectly make any inducement, threat or promise to any person .
acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police.
iv) 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 of violation of any of the conditions, the bail granted to the bail applicant shall be forfeited and he shall be liable to be taken into custody.
(vii) That upon his reindulging in criminal activities, it shall be open to the respondent, to move this Court for cancellation of bail.
4. Any observation made herein above, shall not be, taken an expression or opinion, on the merits of the case, and, the trial Court shall decide the matter uninfluenced, by any observation, made herein above.
Dasti copy.
(Sureshwar Thakur) Judge 10th March, 2021 (kck) ::: Downloaded on - 10/03/2021 20:15:23 :::HCHP