Himachal Pradesh High Court
Between vs State Of Himachal Pradesh on 15 September, 2021
Author: Anoop Chitkara
Bench: Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 15th DAY OF SEPTEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE ANOOP CHITKARA
CRIMINAL MISC. PETITION (MAIN) No. 1785 of 2021
Between:-
RAJESH KHACHI
S/O SH.DAULAT RAM KHACHI,
R/O VILL. WARD NO.7, RAIGHAT,
P.O. THEOG, TEHSIL THEOG,
DISTRICT SHIMLA, H.P.
AGED 50 YEARS
....PETITIONER.
(BY SHRI VIVEK SHARMA, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
..RESPONDENT.
(BY MR. NAND LAL THAKUR,
ADDITIONAL ADVOCATE GENERAL
WITH MR. KUNAL THAKUR,
DEPUTY ADVOCATE GENERAL, &
MR. SUNNY DHATWALIA, ASSISTANT
ADVOCATE GENERAL)
This petition coming on for orders this day, the Court passed the
following:
ORDER
FIR No. Dated Police Station Sections
234/20 27.12.2020 Theog, District 302, 341, 323, 325 read
Shimla with Section 34 IPC &
27-54-59 of Arms Act.
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2
An under-trial prisoner, who is facing trial for committing .
murder, has again come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking interim bail, to get her ailing wife medically checked up as due to paucity of time, he could not make necessary arrangements for her medication and care.
2. In Para 13 of the bail application, the petitioner declares having no criminal history.
3.
"5. to Paragraphs 5 to 8 of the petition read as follows:
That the petitioner during the period of interim bail has complied with all the conditions as was imposed by this Hon'ble Court and has not misused the liberty so granted to him by this Hon'ble Court.
6. That the wife of the petitioner continued the treatment as advised to her by the concerned doctor of Civil Hospital Theog, District Shimla and in addition to this the petitioner got his wife checked up in Smt. Chander Kaur Sood Memorial Physiotherapy clinic where again she was advised medication and vide prescription slip 20.8.2021 and thereafter again was examined by the concerned doctor who apart from putting her on medication has advised her rest for another two weeks vide prescription slip dated 3.09.2021.
The wife of the petitioner has also been advised to undergo MRI of her lumber region. The wife of the petitioner has been advised to undergo MRI test under the expert guidance of Doctors posted in Apex Diagnostic which is a centre of excellence in medical imaging and Diagnostics. The wife of ::: Downloaded on - 31/01/2022 23:04:34 :::CIS 3 the petitioner could not undergo MRI scanning due to the effect that on 03.09.2021 she was advised bed rest and is at .
present totally confined to bed. The complete medical record of prescription slips are annexed here with as Annexure P-2, P-3, P-4 and P-5 along with its translated copy.
7. That due to paucity of time the petitioner could not make necessary arrangements for proper medication and proper care of the wife of petitioner in his absence.
8. That it is further submitted that the wife of the petitioner has to undergo MRI scanning after 17.9.2021 upto which date she has been advised complete bed rest."
4. Mr. Nand Lal Thakur, learned Additional Advocate General submits that in case this Court grants interim bail to the petitioner then the Court must specify the date on which the petitioner would surrender.
5. In the facts and circumstances peculiar to this case, the petitioner makes out a case for release on bail.
6. Given the contention that the wife of the petitioner is seriously ill and furthermore that he is apparently not of flight risk, this Court grants him interim bail upto 27th September, 2021, subject to the conditions mentioned below and he shall surrender before the concerned Jail by 27th September 2021 at 11.00 a.m. During the period of interim bail, the petitioner shall keep the phone location/GPS always on the "ON" mode.
::: Downloaded on - 31/01/2022 23:04:34 :::CIS 47. The petitioner shall be released on bail in the FIR mentioned above, subject to his furnishing a personal bond for surrendering in jail, .
for Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any Ilaqa Magistrate.
8. This bail is subject to the condition that the petitioner shall spend each and every minute with his wife. He will not utilize the time, in any other activities, except in relation to the treatment of his wife. However, he shall be at liberty to leave the company of his wife to procure medicine and to make arrangements for her treatment. Furthermore, at the time of surrender, he shall hand over photocopy of the entire medical treatment, which he has given to his wife. In case he fails to give treatment to his wife during the period of interim bail, he shall not be entitled to bail on this ground, in future.
9. The attesting officer shall, on the reverse page of personal bonds, mention the permanent address of the petitioner along with the phone number(s), WhatsApp number (if any), e-mail (if any), and details of personal bank account(s) (if available).
10. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the ::: Downloaded on - 31/01/2022 23:04:34 :::CIS 5 facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence.
.
11. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order, in vernacular and if not feasible, in Hindi.
12. There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order from the official web page of this Court and attest it to be a true copy. In case the attesting officer or the Court wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.
The petition stands allowed in the terms mentioned above.
(Anoop Chitkara)
September 15, 2021(ps) Judge
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