Himachal Pradesh High Court
Sushil Kumar @ Sunil Kumar Son Of ... vs State Of H.P. ....Non-Applicant on 1 July, 2015
Author: P.S. Rana
Bench: P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No. 558 of 2015
Order Reserved on 24th June 2015
.
Date of Order 1st July 2015
________________________________________________________
Sushil Kumar @ Sunil Kumar son of Sh.Ramesh Chand
....Applicant
Versus
State of H.P. ....Non-applicant
________________________________________________________
Coram
The Hon'ble Mr. Justice P.S. Rana, J.
Whether approved for reporting?1 Yes.
__________________________________________________________ For the Applicant: Mr. Bhuvnesh Sharma, Advocate.
For the Non-applicant: Mr. J.S.Rana, Assistant Advocate General.
P.S. Rana, Judge.
Order:- Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 28 of 2015 dated 5.3.2015 registered under Sections 341, 323, 395, 367, 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 2147, 148, 149, 120-B IPC at P.S. Nadaun, District Hamirpur (H.P.)
2. It is pleaded that applicant is innocent and .
applicant has been falsely implicated in present case. It is pleaded that due to detention of applicant w.e.f.
13.03.2015 applicant is unable to get proper medical treatment from PGI Chandigarh. It is pleaded that medical care of applicant is required for caring his teeth. It is pleaded that applicant has suffered loss of weight of 4 Kg.
during the period of detention and health of applicant is deteriorating day by day. It is pleaded that applicant is innocent and applicant will abide all terms and conditions imposed by Court. It is pleaded that investigation is completed and nothing is to be recovered from applicant.
It is further pleaded that applicant will join the investigation and will attend the Court. It is also pleaded that applicant will not induce and threat the prosecution witnesses. Prayer for acceptance of bail sought.
3. Per contra police report filed. As per police report on dated 4.3.2015 at about 10.10 PM information received that one person was brought for his medical treatment in CHC Sujanpur. There is recital in police ::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 3 report that Deep Sharma is taxi driver by profession and owner of vehicle No. HP-01-H-1316. There is recital in police report that on dated 4.3.2015 when Deep Sharma .
reached outside his house then two boys aged 20-25 years told him that they would go to Chabutra. There is recital in police report that Deep Sharma took those two boys to Chabutra in his vehicle and thereafter accused persons told Deep Sharma to take them to Karot in his vehicle. There is further recital in police report that thereafter Deep Sharma brought the accused persons to Karot and thereafter accused persons told Deep Sharma to take them to Jihan in his vehicle. There is recital in police report that thereafter when Deep Sharma and accused persons reached at Bhou road accused persons directed Deep Sharma to stop his vehicle. There is further recital in police report that thereafter Deep Sharma was dragged outside from vehicle and was beaten with sticks and fist blows. There is also recital in police report that `10,000/- (Rupees ten thousand only) of Deep Sharma could not be traced out. There is recital in police report that matter was investigated and Deep Sharma was medically examined and as per report Deep Sharma had ::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 4 sustained fifteen injuries on his body. As per further police report the site plan was prepared and statements of prosecution witnesses recorded under Section 161 Cr.P.C.
.
There is further recital in police report that two sticks were also recovered as per Section 27 of Indian Evidence Act and `1000/- (Rupees one thousand only) were also recovered as per disclosure statement given by accused.
There is recital in police report that Gurdev Singh raised alarm and thereafter when Gurdev Singh raised alarm accused persons fled away. There is further recital in police report that as per MLC report Deep Sharma had sustained simple injuries. There is further recital in police report that ten criminal cases are pending against the applicant. There is further recital in police report that applicant is operating gang in the area. There is further recital in police report that applicant has created terror in the area and if applicant is released on bail then applicant will threat the prosecution witnesses. Prayer for dismissal of bail application sought.
4. Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate ::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 5 General appearing on behalf of the non-applicant and also perused the record.
5. Following points arise for determination in this .
bail application:-
1. Whether bail application filed under Section 439 Cr.P.C. by applicant is liable to be accepted as mentioned in memorandum of grounds of bail application?
2. Final Order.
Findings on Point No.1
6. Submission of learned Advocate appearing on behalf of applicant that applicant is innocent and applicant did not commit any criminal offence cannot be decided at this stage. Same fact will be decided when case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case.
7. Another submission of learned Advocate appearing on behalf of the applicant that investigation is completed and challan stood filed in the competent Court of law and applicant requires medical treatment and on this ground bail application be allowed is accepted for the ::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 6 reasons hereinafter mentioned. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) The character of the evidence .
(iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. It was held in case reported in 2012 Cri. L.J. 702 Apex Court DB 702, titled Sanjay Chandra vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. It was further held that accused should not be kept in jail for an indefinite period. In view of the fact that investigation is completed in present case and in view of the fact that challan already stood filed in present case and in view of the fact that case will be disposed of in due course of ::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 7 time, Court is of the opinion that it is expedient in the ends of justice to release the applicant on bail at this stage. Court is of the opinion that if applicant is released .
on bail at this stage then interest of State and general public will not be adversely affected.
8. Submission of learned Additional Advocate General appearing on behalf of non-applicant that ten FIRs have been registered against the applicant and on this ground bail application filed by applicant be dismissed is rejected being devoid of any force for the reasons hereinafter mentioned. There is no evidence on record that applicant has been convicted by any Criminal Court of law. It is well settled law that accused is presumed to be innocent till convicted by Competent Court of law.
9. Submission of learned Additional Advocate General appearing on behalf of non-applicant that if bail is granted to applicant then applicant will induce, threat and influence the prosecution witnesses and on this ground bail application be declined is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that conditional bail will be granted to applicant and condition will be imposed in the bail order ::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 8 to the effect that applicant will not induce and threat the prosecution witnesses. Court is of the opinion that if applicant will flout the terms and conditions of bail order .
then non-applicant will be at liberty to file application for cancellation of bail in accordance with law. In view of above stated facts point No.1 is answered in affirmative.
Point No.2 (Final order)
10. In view of my findings on point No.1 bail application filed by applicant under Section 439 Cr.P.C. is allowed subject to furnishing personal bond to the tune of Rs. 1 lac (Rupees one lac only) with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That the applicant will join the investigation of case whenever and wherever directed by Investigating Officer in accordance with law.
(ii) That applicant will attend the proceedings of learned trial Court regularly till conclusion of trial of case. (iii) That applicant will 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/her from disclosing such facts to the Court or to any police officer.
(iv) That the applicant will not leave India without the ::: Downloaded on - 15/04/2017 18:28:35 :::HCHP 9 prior permission of the Court. (v) That applicant will give his residential address in written manner to the Investigating Officer and Court so that applicant can be .
located in short notice. (vi) That applicant will not commit similar offence qua which he is accused. Observations made in this order will not effect the merits of case in any manner and will strictly confine for the disposal of bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application(s) if any also disposed of. Bail petition filed under Section 439 of Code of Criminal Procedure stands disposed of.
(P.S.Rana),
July 01 ,2015(m s) Judge.
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