Himachal Pradesh High Court
Paramjeet Kaur Bedi vs State Of H.P on 12 October, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Cr.MP(M) No. 1468 of 2015.
.
Date of Decision : 12th October, 2015.
Paramjeet Kaur Bedi .....Petitioner.
Versus
State of H.P. .....Respondent.
of
Coram
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
rt
Whether approved for reporting?
For the Petitioner: Mr. Rajiv Rai and Mr. Paresh Sharma,
Advocates..
For the Respondent: Mr. Vivek Singh Attri, Deputy
Advocate General
_____________________________________________________
Sureshwar Thakur, Judge (Oral)
The bail petitioner is in judicial custody for hers having allegedly committed offences punishable under Sections 363 and 366-A of the IPC recorded in FIR No. 235/15 of 9.8.2015 registered at Police Station, Sadar, District Chamba, H.P., hence, the instant bail application under Section 439 of the Cr.P.C., has been filed by her for ordering for her release from judicial custody wherein she is extantly lodged.
::: Downloaded on - 15/04/2017 19:11:19 :::HCHP 22. The Investigating Officer is present in Court and has filed a detailed status report. The bail applicant .
is the step mother of the prosecutrix. The prosecutrix at the time of the alleged occurrence was aged 17 years hence a minor. Since, the bail applicant is the step mother of the prosecutrix hence, she in that capacity took her to of Chandigarh. However, at Chandigarh, she was over heard by the minor prosecutrix to converse with a Jeweler at rt Gujrat apprising him that she would send the minor prosecutrix to his home at Gujarat. The prosecutrix is alleged to have apprised her father and natural mother of the aforesaid fact. Thereupon a complaint was lodged with the police station concerned. Given the fact that the bail applicant is the step mother of the prosecutrix yet when even in that capacity she is not construable to be a guardian of the minor prosecutrix, especially given the fact that the father and the natural mother of the prosecutrix are both alive. However, since the bail applicant merely attempted to facilitate the sending of the minor prosecutrix to a jeweler at Gujarat, hence, in that event besides, in the face of the custody of the prosecutrix having been retrieved to her natural mother, ::: Downloaded on - 15/04/2017 19:11:19 :::HCHP 3 consequently, this Court does not deem it fit, appropriate and just to prolong the judicial incarceration of the bail .
applicant whose prolongation would not serve any useful purpose rather, would unnecessarily fetter or curtail her liberty.
3. The learned Deputy Advocate General has of contended before this Court that the prolongation of the custody of the bail applicant is imperative for effectuating rt recovery at her instance of ATM Card, Voter Card, Adhaar Card, papers regarding conveyance deed of house besides, certificates of 10th and 11th class of the prosecutrix. Predominantly the effectuation of recovery, if any, at her instance of the aforesaid items can be ordered to be endeavoured to be made by the Investigating Officer even when she is ordered to be released from judicial custody. Consequently, this Court would proceed to order for her release from judicial custody subject to the condition that she shall enable effectuation of recovery to the Investigating Officer of ATM Card, Adaar Card, Voter Card, papers regarding conveyance deed of house besides, certificates of 10th and 11th Class of the prosecutrix. However, in case the bail applicant omits to, ::: Downloaded on - 15/04/2017 19:11:19 :::HCHP 4 in the aforesaid manner render cooperation to the Investigating Officer, this order shall stand automatically .
vacated and it shall be open to the Investigating Officer to take the bail applicant into custody. Moreover, what constrains this Court to grant the indulgence of bail to the bail applicant is the fact that no material has been placed of on record by the prosecution portraying that in the event of bail being granted to the bail petitioner, there is every rt likelihood of hers fleeing from justice or tampering with prosecution evidence, as a sequel, then, the bail petitioner is entitled to the indulgence of bail. Consequently, the present bail application is allowed and the indulgence of bail is granted to the bail applicant subject to compliance of the following conditions:-
(i) that the bail applicant shall furnish personal bond in the sum of Rs.50,000/- with one local surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Chamba, H.P.;
(ii) that the bail applicant shall join the investigation, as and when required by the Investigating Agency;
(iii) that she 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 any police officer;
(iv) that she shall not leave India without the prior permission of the Court ;::: Downloaded on - 15/04/2017 19:11:19 :::HCHP 5
(v) that she shall deposit her passport(s), if any, with the SHO, Police Station concerned;
(vi) that she shall enable effectuation of recovery to the .
Investigating Officer of ATM Card, Adaar Card, Voter Card, papers regarding conveyance deed of house and certificates of 10th and 11th Class of prosecutrix. However, in case the bail applicant omits to, in the aforesaid manner render cooperation to the Investigating Officer, this order shall stand automatically of vacated and it shall be open to the Investigating Officer to take the bail applicant into custody.
4. With the aforesaid observations the present rt 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.
(Sureshwar Thakur) 12th October, 2015. Judge.
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