Himachal Pradesh High Court
Hirmo Devi vs State Of H.P on 8 July, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.919 of 2015 along with
Cr.MP(M) Nos. 920 and 921 of 2015.
.
Date of Decision : 8th July, 2015
1. Cr.MP(M) No. 919 of 2015.
Hirmo Devi .....Petitioner.
Versus
State of H.P. .....Respondent.
2. Cr.MP(M) No. 920 of 2015.
Bali Ram .....Petitioner.
Versus
State of H.P. .....Respondent.
3. Cr.MP(M) No. 921 of 2015.
Kidi Devi .....Petitioner.
Versus
State of H.P. .....Respondent.
Coram
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?
For the Petitioner(s): Mr. Subhash Mohan Snehi, Advocate.
For the Respondent: Ms. Parul Negi, Dy. Advocate General
_____________________________________________________
Sureshwar Thakur, Judge (Oral)
All these petitions are being disposed of by a common order as they arise out of the same FIR No.39 of 2015 of 20.06.2015 recorded in Police Station, Shillai, District Sirmour, H.P. ::: Downloaded on - 15/04/2017 18:32:07 :::HCHP 2
2. The present applications have been filed by the bail applicants under Section 438 of the Code of Criminal Procedure, who apprehend their arrest for theirs having allegedly committed .
offences punishable under Sections 452, 354, 323, 504, 506 read with Section 34 of the IPC recorded in FIR No.39 of 2015 of 20.06.2015 registered at Police Station, Shillai, District Sirmour, H.P.
3. The Investigating Officer is present in Court and has filed status report. He has divulged before this Court that the bail applicants have rendered full and efficacious cooperation in the entire investigation, conducted by him into the offences, allegedly committed by the bail applicants/accused. The Investigating Officer further apprised this Court that the investigations into the offences allegedly committed by the bail applicants, has come to a close.
Consequently, given the co-operation rendered by the bail applicants, in the investigation conducted by the Investigating Officer, into the offences allegedly committed by them, as also, given the fact that the investigation into the offences allegedly committed by the bail applicants has come to an end, constrain this Court to hence not decline the facility of bail to the bail applicants. Moreover, given the absence of material on record portraying that in the event of the bail being granted to the bail applicants, there is every likelihood of theirs fleeing from justice or tampering with the ::: Downloaded on - 15/04/2017 18:32:07 :::HCHP 3 prosecution evidence further constrains this Court to accord the facility of bail to the bail applicants, as a sequel, the indulgence of bail is granted to the bail applicants and the orders rendered on .
29.06.2015 in respective petitions are confirmed on the following conditions:
(i) that the bail applicants shall join the investigation, as and when required by the Investigating Agency;
(ii) that they 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;
(iii) that they shall not leave India without the prior permission of the Court ;
(v) that in case of violation of any of these conditions, the bail granted to the petitioners shall be forfeited and they shall be liable to be taken into custody; and
(vi) that they shall apply for bail afresh when the challan is filed before the trial Court.
Petition stands disposed of. However, it is made clear that the findings rendered by this Court hereinabove shall have no bearing on the merits of the case.
Dasti copy.
(Sureshwar Thakur) th 8 July, 2015 Judge.
(jai) ::: Downloaded on - 15/04/2017 18:32:07 :::HCHP