Himachal Pradesh High Court
Mansha Ram vs State Of Himachal Pradesh on 14 July, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 14th DAY OF JULY, 2022
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL MISC. PETITION (MAIN) No.1539 OF 2022
Between
MANSHA RAM, AGED 63 YEARS,
S/O SHRI GARIBU RAM,
R/O VILLAGE AND P.O. MUNDKHAR,
TEHSIL BHORANJ, DISTRICT HAMIRPUR,
HIMACHAL PRADESH
.....PETITIONER
(BY SHRI VIJAY SINGH BHATIA, ADOCATE)
AND
State of Himachal Pradesh ....RESPONDENT
(BY SHRI HEMANT VAID, ADDITIONAL ADVOCATE
GENERAL)
Whether approved for reporting?
This petition coming on for orders this day, the Court
passed the following:
ORDER
Petitioner has approached this Court, invoking provisions of Section 439 Code of Criminal Procedure (for short Cr.P.C.) for enlarging them on bail in case FIR No. 97 of 2022, dated 18.6.2022, registered in Police Station Bhoranj, District Hamirpur, H.P., under Sections 307, 323, 334, 341, 325 and 34 of Indian Penal Code.
2. Status report stands filed. Relevant record has also been produced.
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3. As per status report, on 18.6.2022, Sanjay Kumar son of injured Gian Chand came to Police Chowki, Jahu and made a statement, which was recorded under Section 154 .
Cr.P.C. Case of the complainant is that on 18.6.2022 at about 8.20 a.m., his father went to the field adjacent to his house, where accused Mansha Ram, his two sons Sanjeev Kumar and Praveen Kumar and his wife Meera Devi restrained and beat his father. Mansha Ram hit his father with brick causing head injury. According to him, brick blow was given with intention to kill his father.
4. On the basis of aforesaid statement, FIR was registered on 18.6.2022. However, petitioner Mansha Ram fled from the spot and was not traceable, and he had approached this Court by filing Cr.MP(M) No.1380 of 2022, under Section 438 of Cr.P.C seeking anticipatory bail, which has been dismissed as withdrawn on 6.7.2022. Thereafter, the petitioner surrendered before the police and was arrested and since 7.7.2022 he is in judicial custody.
5. Injured was medically examined. Initially Doctor opined that injury in the head may be dangerous to life and had advised NCCT of head. After receipt of report and opinion of Radiologist that there was depressed left parietal bone, brain panenchyma was normal and there was no evidence of ::: Downloaded on - 14/07/2022 20:03:55 :::CIS CRMPM No.1539 of 2022 ...3...
itrapanenchymal bleed/hemorrhage or contusion, he opined that injury was grievous in nature.
6. It has been submitted that after treatment, injured .
has been discharged from the hospital and his statement under Section 161 Cr.P.C has also been recorded.
7. Learned counsel for the petitioner has submitted that even if case of prosecution is considered to be true, then also it is evident that petitioner Mansha Ram and other accused were never having any intention to kill the injured as in the complaint lodged against them, it has been stated that Mansha Ram had given single blow of brick to the injured. It has been further submitted that this fact has also been substantiated from the medical opinion and medical record and, therefore, in any event, it was a case of quarrel between the parties wherein blow, if any, given by petitioner Mansha Ram was in spur of moment in heat of passion.
8. Learned Additional Advocate General has submitted that injured was alone and was attacked by four persons causing him grievous injury.
9. Investigation is complete and nothing is to be recovered from the petitioner. Co-accused Meera Devi, Sanjeev Kumar and Parveen Kumar, wife and sons of the petitioner, have been enlarged on bail by this Court, vide ::: Downloaded on - 14/07/2022 20:03:55 :::CIS CRMPM No.1539 of 2022 ...4...
order dated 6.7.2022, passed in CRMPs(M) No.1447, 1445 and 1446 of 2022, respectively.
10. Without commenting on merits of case, but taking .
into consideration the facts and the circumstances as well as material placed before me, including role of petitioner, nature and gravity of the offence, as alleged in the complaint and considering factor and parameters necessary to be considered for adjudication of bail application, I am of the considered view that petitioner can be enlarged on bail at this stage.
11. Accordingly, the petition is allowed and petitioner is ordered to be released on bail, on his furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of Trial Court, upon such further conditions as may be deemed fit and proper by the Trial Court, including the conditions enumerated hereinafter, so as to assure presence of petitioners/accused at the time of trial:
(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required, as per law;
(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/her 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;
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(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;
(iv) that the petitioner shall not commit the offence similar to the offence to which he is .
accused or suspected;
(v) that the petitioner shall not misuse his liberty in any manner;
(vi) that the petitioner shall not jump over the bail;
(vii) that the petitioner shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial;
(viii) the petitioner shall not leave India without r permission of the Court.
12. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It shall be open for the trial Court to impose any other condition, as deemed necessary, upon the petitioner, independent of prayer of prosecution.
13. In case the petitioner violates any conditions imposed upon him, his 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.
14. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
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15. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
.
16. The parties are permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, passing of order may be verified from the High Court website or otherwise.
Petition stands disposed of in the aforesaid terms.
( Vivek Singh Thakur )
July 14, 2022(sd) Judge.
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