Himachal Pradesh High Court
Usha Kiran vs State Of H.P on 19 December, 2018
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No. 1754 of 2018 .
Decided on : 19.12.2018
Usha Kiran .....Petitioner.
Versus
State of H.P. ....Respondent.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 For the petitioner: Ms. Jyotsna Rewal Dua, Sr. Advocate with Mr. Ajay Sepahiya, Advocate.
For the respondent: Mr. Hemant Vaid & Mr. Des Raj Thakur, Addl. A.Gs. with Mr. Vikrant Chandel, Dy.
A.G., for the respondent.
Sh. Naveen Thakur, SHO, P.S. Dharampur, District Solan, in person.
Sureshwar Thakur, J (oral) The instant petition, stands instituted by the bail petitioner under Section 438 Cr.P.C. wherethrough, she seeks grant of anticipatory bail qua given apprehending her arrest, for hers' allegedly committing offences punishable under Sections 406, 420, and, under Section 506 of the Indian Penal Code, in 1 Whether reporters of the local papers may be allowed to see the judgment?
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case FIR No. 83 of 2014 of 16.6.2014, registered at Police Station, .
Dharampur, District Solan, H.P.
2. The Investigating Officer, is present in Court, and, has intimated this Court, that, the bailapplicant/accused, is not rendering the fullest cooperation to him, in, his, holding investigation, visavis, the offence(s) borne in the FIR, (i) given hers' not tendering the relevant documents to him, significantly in respect of the purported partnership, visavis, the firm, nomenclatured as M/s Jai Hind Filling Station. In reply, the learned counsel, for, the bailapplicant apprises this Court, that, the apt dispute engaging the bailapplicant, and, the complainant, has, fallen for consideration, before the learned Arbitrator, namely Mr. G.D. Verma, Senior Advocate, wherein, the bailapplicant, and, respondent/complainant, are, respectively arrayed, as claimant, and, respondent. She further submits that issues, upon, the apposite arbitration case, hence stand struck, and, she proceeds to submit, that, the bailapplicant, would positively, within one week, proceed to tender all the relevant documents, appertaining, to afore factum, before the learned Arbitrator, namely by Mr. G.D. Verma, Senior Advocate, with, a photocopy thereof, to the Investigating Officer. Furthermore, since awaiting ::: Downloaded on - 22/12/2018 22:55:29 :::HCHP ...3...
the pronouncement of the award by the afore sole arbitrator, .
hence pecuniary value, of, the embalzzled amount, cannot be determined, thereupon at this stage, rather it is not deemed fit to insist, upon, the bailapplicant to hence furnish any solvent securities. Consequently, given the afore facts, and, the assurance meted to this Court, by the learned counsel for the bailapplicant, it is not deemed fit, to, order for the custodial interrogation of the bailapplicant.
3. Consequently, when at this stage, no evidence has been adduced by the prosecution, demonstrating, that in the event of bail being granted to the bail applicant/petitioner, there being every likelihood of hers' fleeing from justice or tampering with prosecution evidence, thereupon, the indulgence of bail, is, granted to the bail applicant/petitioner, and, the order rendered, on 12.12.2018 in Cr.M.P(M) 1754 of 2018, is, made absolute, on, the hereinabove, and, on following conditions:
i) That she shall join the investigation, as and when required by the Investigating agency;
ii) 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 ::: Downloaded on - 22/12/2018 22:55:29 :::HCHP ...4...
him from disclosing such facts to the Court or to the .
Police;
iii) That she shall not leave India without the previous permission of the Court;
iv) That she shall deposit her passport, if any, with the Police Station, concerned;
v) That she shall within one week tender the photocopies of all relevant documents along with the attendance register to the Investigating Officer concerned.
vi) That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody;
vii) That she shall apply for bail afresh when the challan is filed before the trial Court.
4. In view of above, the petition stands disposed of. Any observation made herein above 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 herein above.
Dasti Copy.
19th December, 2018 (Sureshwar Thakur),
(kck) Judge.
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