Himachal Pradesh High Court
Leeladhar @ Leela Ram vs State Of Himachal Pradesh on 5 November, 2018
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.M.P(M) No. 1118 of 2018
Decided on : 5.11.2018
.
Leeladhar @ Leela Ram .....Petitioner.
Versus
State of Himachal Pradesh ....Respondent.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Mohan Sharma, Advocate, for the
petitioner.
For the respondent: Mr. Hemant Vaid, Addl. A.G., for the
respondent-State.
Sureshwar Thakur, J (oral)
The instant petition has been filed by the bail/applicant/accused, under, Section 439 Cr. P.C., wherein he seeks indulgence, of his being ordered to be released from judicial custody, whereat, he stands extantly lodged, for, his allegedly committing offences, constituted under Sections 406, 420, 467, 468, 471 and 506 of the IPC, registered with Police Station, Janjehli, District Mandi, HP.
2. Mr. Visheshwar Sharma, Asstt. Director, (DOC.) State, Forensic Science Laboratory is present in Court, and, reports, that, upon his making comparison(s), of, the disputed 1 Whether reporters of the local papers may be allowed to see the judgment?
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signatures of the bail-applicant with his admitted signatures, .
he has formed an opinion qua there existing apt interse matching.
3. Be that as it may, since the bail-applicant is suffering judicial incarceration, for almost four months, and, when the learned counsel appearing for the petitioner submits that, with respect to the amount allegedly embezzled, by the afore, he has instructions, that, the bail-applicant would be furnishing an adequate solvent security bond, also, when the investigation into the offence(s) is almost complete, (i) thereupon, this Court, is hence constrained, to, make an order, that, the bail-applicant shall be released from judicial custody, (ii) especially, when at this stage, no evidence has been adduced by the prosecution, that in the event of bail being granted to the bail-applicant, there is hence every likelihood of the bail-applicant fleeing from justice, or tampering with prosecution evidence, however, subject to compliance, with, the hereinafter extracted conditions:-
i) That he shall furnish personal bond in the sum of Rs. 1,00,000/-, with two local sureties, in the like amount, to the satisfaction of the trial Court concerned.
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ii) That he shall furnish solvent security bond .
equivalent to a sum of Rs.3,00,000/-to the satisfaction of the learned trial Court concerned.
iii) that the bail applicant shall join the investigation, as and when required by the Investigating Agency;
(iv) 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 any police officer;
(v) that he shall not leave India without the prior permission of the Court ;
(vi) that he shall deposit his passport, if any, with the Police Station concerned; and
(vii) that in case of violation of any of these conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody.
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9. Any observation made hereinabove, shall not, be .
taken as an expression of opinion on the merits, of the case, and, the trial Court shall decide the matter uninfluenced by any observation made hereinabove.
Dasti copy.
5th November, 2018
(kalpana)
r to (Sureshwar Thakur),
Judge.
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