Pankaj Rohilla vs State Of Himachal Pradesh on 12 January, 2023

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Himachal Pradesh High Court

Pankaj Rohilla vs State Of Himachal Pradesh on 12 January, 2023

Bench: Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     Cr.MP(M) No.2788 of 2022




                                                                           .
                                                     Decided on: 12.01.2023





    Pankaj Rohilla                                            ....Petitioner.

                      Versus





    State of Himachal Pradesh                                .... Respondent.

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1                    No
    For the petitioner    r          :       Mr. Atul Jhingan, Advocate.

    For the Respondent                :      M/s Baldev Negi and Pushpinder
                                             Jaswal,     Additional Advocates

                                             General.
                                             Mr. Rajiv Jiwan, Sr. Advocate, with
                                             Mr. Hitender Verma, Advocate, for
                                             the complainant.



                                             ASI Pyare Lal, I/C PP Narkanda,
                                             District Shimla, H.P., present in
                                             person alongwith relevant record.




    Ajay Mohan Goel, Judge (Oral)

Status report filed, which is ordered to be taken on record.

Petitioner in this case has approached the Court for the purpose of grant of anticipatory bail, in FIR No. 67 of 2022, dated 19.08.2022, registered under Section 420 of the Indian Penal Code, at Police Station Kumarsain, District Shimla.

Whether reporters of the local papers may be allowed to see the judgment?

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2. Learned counsel for the petitioner submits that petitioner has post grant of anticipatory bail duly joined the .

investigation.

3. Learned Additional Advocate General, on instructions, submits that the petitioner has duly joined the investigation.

4. Taking into consideration these facts, this petition is allowed and order dated 22.12.2022, passed in FIR No. 67 of 2022, dated 19.08.2022, registered under Section 420 of the Indian Penal Code, at Police Station Kumarsain, District Shimla, is made absolute, subject to the following conditions:

i) Petitioner shall furnish personal bond in the sum of Rs.1,00,000/ with one surety in the like amount to the satisfaction of learned Trial Court, within a period of two weeks from today.

ii) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

iii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iv) He shall not 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 the Police Officer; and

v) He shall not leave the territory of India without prior permission of the Court.

5. It is clarified that the findings which have been returned by this Court while deciding this petition are only for the ::: Downloaded on - 12/01/2023 20:39:21 :::CIS 3 purpose of adjudication of the present bail application and learned trial Court shall not be influenced by any of the findings so .

returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail.

The petition stands disposed of in the above terms.

6. There would be no need for a certified copy of this order and learned counsel for the parties can download this order alongwith case status from the from the official web page of this Court and attest it to be a true copy.

(Ajay Mohan Goel) Judge January 12, 2023 (Rishi) ::: Downloaded on - 12/01/2023 20:39:21 :::CIS

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