Som Nath vs State Of Himachal Pradesh on 29 June, 2017

[Cites 5, Cited by 9]

Himachal Pradesh High Court

Som Nath vs State Of Himachal Pradesh on 29 June, 2017

Bench: Ajay Mohan Goel

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     Cr. MPM No. 708 of 2017.
                                                     Decided on: 29.6.2017.




                                                                         .
    Som Nath                                                    ...Petitioner.





                      Versus





    State of Himachal Pradesh ... Respondent.
    ....................................................................................

    Coram





    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1                  Yes.

    For the petitioner.                 : Mr. Sanjeev Bhushan, Sr. Advocate
                      r                   with Ms. Abhilasha Kaundal,

                                          Advocate.

    For the respondent.                 : Mr. Vikram Thakur, Dy. Advocate
                                          General with ASI Mehar Chand PS


                                        Nirmand, Distt. Kullu.


    Ajay Mohan Goel, J (Oral)

Latest status report stands filed by learned Deputy Advocate General which is taken on record.

2. I have heard learned counsel for the parties and have also gone through the status report.

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

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3. Learned Deputy Advocate General has informed the Court that the petitioner has participated in the process of .

investigation and other co-accused also stand released on bail. A perusal of the status report also demonstrates that it is mentioned therein that no recovery etc. is to be effected from the petitioner.

4. Accordingly, in these circumstances this application is allowed and the petitioner is ordered to be enlarged on bail in connection with FIR No. 20 of 2017 dated 27.3.2017 registered at Police Station Nirmand, Distt. Kullu under Sections 363,366,342,323 and 120-B of the Indian Penal Code, on his furnishing personal bond to the tune of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned trial court, subject to the following conditions:-

i) 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;

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

iii) 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

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

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It is clarified that the observations made by this Court in this order are only for the purpose of adjudicating upon the present .

bail petition and the learned trial court shall not be influenced by any of these observations while deciding the case on merits, in the course of trial. It shall be open for the prosecution to move this Court for cancellation of the bail in case petitioner abuses the bail which has been granted in his favour.

Copy dasti.


                                                  (Ajay Mohan Goel)
                 r                                     Judge

    29th June, 2017
       (Guleria)








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