Hardev Singh vs State Of H.P on 1 June, 2015

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Himachal Pradesh High Court

Hardev Singh vs State Of H.P on 1 June, 2015

Bench: Sureshwar Thakur

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                         Cr.MP(M) No. 615 of 2015.

                                         Date of decision: 1/6/2015.




                                                                                 .

Hardev Singh                                                             Petitioner.

                                 Versus





State of H.P.                                                            Respondent.

Coram





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


For the petitioner:
                                 r       Mr. B.L.Soni, 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 439 of the Cr.P.C., for his being released from judicial custody wherein he is instantly lodged for his having allegedly committed offences punishable under Section 18 of the NDPS Act, 1985 recorded in F.I.R. No. 193/2014 registered at Police Station Sunder Nagar, District Mandi, H.P.

2. Status report has been filed by the Investigating Officer. Its perusal discloses that the item of contraband 1 Whether the reporters of the local papers may be allowed to see the Judgment?

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which was recovered from the alleged conscious and exclusive possession of the accused/bail applicant, is opium. There is a disclosure in the status report that the weight of opium .

recovered from the alleged conscious and exclusive possession of the bail applicant, is 291 grams. Commercial quantity thereof is 2.50 Kilograms. Obviously, then the given weight of the item of contraband recovered from the alleged conscious and exclusive possession of the bail applicant renders it to fall in the category of less than commercial quantity. Given the quantity/quantum of opium allegedly recovered from the conscious and exclusive possession of the accused the rigors of Section 37 remain un-attracted.

Accordingly, the indulgence of bail is granted to the bail applicant and the bail application is allowed.

3. However, at this stage the learned Deputy Advocate General submits before this Court that the bail applicant is a habitual criminal and there are other FIRs besides the instant one recorded against him. He submits that, hence, given the repeated indulgence of the bail applicant in criminal activities the according of facility of bail in his favour may not be appropriate as there is every likelihood of his influencing the ::: Downloaded on - 15/04/2017 18:18:47 :::HCHP 3 prosecution witnesses in other cases pending against him and his also re-indulging in the commission of offences.

3. Even though the factum of repeated and successive .

indulgence of the bail applicant in criminal activities besides the factum of criminal cases pending against him is a necessary factor to be borne in mind when according or refusing the facility of bail to him. However, in view of the mandate enshrined in Maulana Mohammed Amir Rashadi vs. State of Uttar Pradesh and another, (2012)2 SCC 382 wherein it has been enshrined that strict/stringent conditions can be imposed by this Court to obviate the factum of the bail applicant fleeing from justice or influencing witnesses. The imposition of such conditions would also mitigate as well as allay the apprehension of the State that given his previous repeated indulgence in criminal activities he in case is granted bail would abuse his bail and re-indulge in criminal activities. Consequently, this Court to allay the apprehension of the respondent that there is likelihood of his influencing the witnesses as well as his again indulging in criminal activities, proceeds to afford the facility of the bail to the bail applicant subject to the imposition upon him of the following conditions. If any condition hereof is infringed, it shall ::: Downloaded on - 15/04/2017 18:18:47 :::HCHP 4 facilitate the respondent to move this Court for cancellation of bail of the bail applicant. The conditions are:-

(i) That he shall furnish one personal and two .

surety bonds in the sum of Rs.1,00,000/- each to the satisfaction of the learned Judicial Magistrate 1st Class, Sundernagar.

(ii) That the bail applicant shall join the investigation, as and when required by the investigating agency;

(iii) That he shall not directly or indirectly advance any threat, inducement or promise to any r person acquainted with the facts of the case and shall not tamper with the prosecution evidence;

(iv) That he shall not leave India without the permission of the Court.

(v) That he shall deposit his passport, if any, with the Police Station, concerned.

(vi) That in case of reindulgence of the bail applicant in criminal activities, it shall be open to the State to move for cancellation of the bail.

(vii) That in case an intimation is received by the State that the bail applicant is influencing the witnesses in criminal cases pending against him then it shall be open for the state for apply for cancellation of the bail.

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

bearing on the merits of the case.

Dasti copy.






    1st June, 2015.                     (Sureshwar Thakur)
               ™                                      Judge.



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