Jatinder Pal Singh vs State Of H.P on 2 November, 2015

[Cites 7, Cited by 2]

Himachal Pradesh High Court

Jatinder Pal Singh vs State Of H.P on 2 November, 2015

Bench: Sureshwar Thakur

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                         Cr.MP(M) No. 1494 of 2015.




                                                                                 .
                                         Date of decision:02.11.2015.





Jatinder Pal Singh                                                       Petitioner.





                                 Versus

State of H.P.                                                            Respondent.




                                                       of
Coram
The Hon'ble Mr.Justice Sureshwar Thakur, J.
                                rt
Whether approved for reporting?1.

For the petitioner:                      Mr. Ankush Dass Sood, Sr. Advocate with
                                         Ms. Shweta Joolka, Advocate.
For the respondent:                      Mr. Vivek Singh Attri, Dy. A.G.



Sureshwar Thakur, J. (oral)

The instant application has been filed by the bail applicant under Section 438 Cr.P.C., for the grant of anticipatory bail to him as he apprehends his arrest for his having allegedly committed offences punishable under Sections 364-A, 382, 451, 147, 148 and 149 of the IPC in case F.I.R. No. 292/2015 of 21.09.2015 registered at Police Station Una District Una, H.P. The Investigating Officer Ashok Kumar, ASI, is present in Court and has apprised this Court that the bail applicant has 1 Whether the reporters of the local papers may be allowed to see the Judgment?

::: Downloaded on - 15/04/2017 19:16:56 :::HCHP 2

rendered full and effective cooperation to him in the investigation carried out by him into the offences allegedly .

committed by the accused. He has also communicated to this Court that the bail applicant has enabled effectuation at his instance recoveries of base ball bat, two mobile phones and Rs.6700/- Consequently, given the cooperation rendered by of the bail applicant, this Court does not hence deem it fit and proper to order for his custodial interrogation. Furthermore, rt given the absence of material demonstrating that in the event of bail being granted to the bail applicant, there is every likelihood of the bail applicant fleeing from justice or tampering with the prosecution evidence, also constrains this Court to allow the instant application. Accordingly, the indulgence of bail is granted to the bail applicant and the order rendered on 06.10.2015 is made absolute on the following conditions:

(i) that the bail applicant shall join the investigation as and when required by the Investigating Agency;

(ii) that he shall not directly and 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 he shall not leave India without the permission of the Court;

::: Downloaded on - 15/04/2017 19:16:56 :::HCHP 3

(iv) 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; and .

(v) That he shall apply for bail afresh when the challan is filed before the trial Court.

With the aforesaid observations, the present petition of stands disposed of. It is, however, made clear that the findings recorded hereinabove will have no bearing on the merits of the case.

rt 2nd November, 2015. (Sureshwar Thakur) ™ Judge.

::: Downloaded on - 15/04/2017 19:16:56 :::HCHP

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court