Himachal Pradesh High Court
Rama Kumari vs State Of H.P on 11 December, 2018
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 1621 of 2018
.
Decided on :11thDecember, 2018
____________________________________________________
Rama Kumari ......Petitioner
Versus
State of H.P. .....Respondent
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?_____
For the petitioner : Mr. Ajay Sharma, Advocate.
For the respondent : Mr. Desh Raj Thakur and Mr.
Hemant Vaid Additional
Advocate General with
Mr.Yudhvir Singh Thakur,
Deputy Advocate General.
SI Gurmail Singh P.P.
Mehatpur, Amb Sadar.
Justice Vivek Singh Thakur, Judge (Oral)
Status report filed. As stated in the status report as also submitted by learned Additional Advocate General, under instructions of the police officer present in Court, petitioner has joined the investigation on 30.11.2018 onwards and she has been enlarged on bail after accepting her personal and surety bonds, in compliance of order dated 27.11.2018 passed by this Court, and her specimen ::: Downloaded on - 12/12/2018 22:57:25 :::HCHP signatures have been taken during investigation which are being sent to Forensic Laboratory for comparison and her .
custodial interrogation is not warranted in the present case.
2. Keeping in view the nature and gravity of offence and surrounding circumstances of the case and also submissions of learned Additional Advocate General, made under the instructions of police officer, present in Court, 27.11.2018 conditions:-
is affirmed
r to
enlargement of petitioner on bail in terms of order dated subject to following further
(i) That the petitioner shall make herself available to the police or any other investigating agency or Court on each and every date as and when required;
(ii) That the petitioner 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
(ii) That she shall not obstruct the smooth progress of the investigation;
(iii) That the petitioner shall attend the trial Court as and when directed to do so ;
::: Downloaded on - 12/12/2018 22:57:25 :::HCHP(iv) That she shall not jump over the bail and also shall keep on informing, regarding .
change of address, if any, from the present place of residence, in advance, to Investigating Officer, P.S. Una Sadar.
(v) That the petitioner shall not commit the offence similar to the offence to which she is accused or suspected or the commission of which she is suspected.
(vi) That petitioner shall not misuse her liberty in any manner.
3. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.
4. In case the petitioner violates any condition imposed upon her, her bail shall be liable to be cancelled.
In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law.
5. Any observation made in this order shall not affect the merits of case in any manner and will strictly ::: Downloaded on - 12/12/2018 22:57:25 :::HCHP confine for the disposal of this anticipatory bail application filed under Section 438 of Code of Criminal Procedure .
1973. Dasti copy on usual terms.
(Vivek Singh Thakur)
Judge
December 11, 2018 (ms)
r to
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