Himachal Pradesh High Court
P.O. Jubbli vs State Of Himachal Pradesh on 2 September, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF SEPTEMBER 2022
BEFORE
.
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CRIMINAL MISC. PETITION (MAIN) No. 1641 OF 2022
Between:-
SMT SANTOSHI,
W/O SH BALAK RAM
AGED 43 YEARS, R/O VILLAGE DHARAN,
P.O. DHABAS, TEHSIL CHOPAL,
DISTRICT SHIMLA, H.P.
THROUGH HER BROTHER-IN-LAW
CUM-FIRST FRIEND, GUMAN SINGH,
S/O SH. RAMCHU RAM,
AGED 48 YEARS, R/O VILLAGE &
P.O. JUBBLI, TEHSIL KUPVI,
DISTRICT SHIMLA, H.P.
.....PETITIONER
(BY SH. PEEYUSH VERMA, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
.....RESPONDENT
(SH. RAM LAL THAKUR, ASSISTANT
ADVOCATE GENERAL FOR R-1,
SH.SURESH SAINI, ADVOCATE, FOR R-2,
SH. RAJ KUMAR, DY.S.P. CHOPAL
PRESENT IN PERSON)
__________________________________________________
This petition coming on for orders this day, the
Court passed the following:
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2
ORDER
Petitioner, presently in custody, as an accused in .
FIR No.27/2022, dated 12.05.2022, registered under Sections 341, 323, 325, 504, 506, 307 & 34 Indian Penal Code & Section 3(2)(v) & 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, is seeking regular bail under Section 439 of the Code of Criminal Procedure.
2. Status report stands filed, which has been considered.
3. On 26.08.2022, this Court has passed the following order:-
"Status has been filed. Heard for some time. Let the investigating agency supply status report regarding hospitalization of the victim Pradeep Kumar alongwith ancillary details thereof viz date of admission in IGMC Shimla, discharged therefrom, date of admission in Civil Hospital Chopal, treatment therein, his present nature of illness and the reasons for his not being fit for giving statement.
List on 02.09.2022"
Respondent has filed the status report in terms of the above order. Relevant part thereof reads as under:-
"It is stated that the patient Sh. Pradeep Kumar came with history of assault with head injury. D.O.A, is 13/5/2022 and ::: Downloaded on - 03/09/2022 20:16:46 :::CIS 3 D.O.D. 21/6/2022 from this institution, patient was operated for head injury and discharged on 21/6/2022 on tracheotomy tube with GCS of E4VtM5 status. Patient is at .
present admitted in CH Chopal so present status cannot be commented by us. He is on tracheotomy tube, so patient is unable to speak and give statement at present" तहररर ककयय हह । CH चचपयल सस कपडरत कर वतरमयन कससकत कस बयरस मम रयय लर गई कजसमम कचककतसय अकधकयरर चचपयल कजलय कशमलय नस अपनर रयय मम , 1.
Pradeep Kumar was referred from CH Chopal to IGMC Shimla on 12/5/2022 with a/h/o assault at Dabas, He suffered from severe HI+®FTP SDH + communicated#(R) FTP region. He was transferred to CH Chopal from IGMC Shimla on 21/6/2022 so that the pt. could be under aseptic condition and his care regarding tracheotomy tube Ryle's tube, foley's catheterisation, suctioning could be done properly. 2. He is disoriented to time, place. & person. He has GLS of 6 i.e. E4V1M1, thus is in comatosed stage. He is suffering from Quadriplegics (Quadriplegias) as well. 3.
He is not fit for statement as he is in comatosed stage."
4. The prosecution case in nutshell is that on 12.05.2022, accused Balak Ram, Maan Singh, Prem Singh and Balak Ram's wife Santoshi (petitioner) entered into a scuffle with Pradeep Kumar. All of them gave severe beatings to Pradeep Kumar using wooden stick, iron rod, stone and fist blows. Pradeep Kumar was saved from their clutches by Chet Ram and Mela Ram, who later on were joined by Pradeep's ::: Downloaded on - 03/09/2022 20:16:46 :::CIS 4 two brothers i.e. Rajinder and Kewal Ram. Injured Pradeep was taken to Civil Hospital Chopal from where he was referred to .
IGMC Shimla for further treatment. He remained admitted in IGMC Shimla from 13.05.2022 till 21.06.2022. During this period, he was also operated for his head injury. According to the status report, the petitioner was transferred from IGMC Shimla to Civil Hospital Chopal on 21.06.2022 so that he could be kept under aseptic conditions. Status report also mentions that the petitioner is suffering from Quadriplegics and is not in a condition to give his statement being in comatosed state.
5. Heard learned counsel for the petitioner, learned Assistant Advocate General for respondent No.1 and learned counsel for the complainant and gone through the status report & the record produced by the investigating agency.
6. In view of seriousness and gravity of the injuries caused to the victim-Pradeep Kumar, learned counsel for the petitioner vide separate orders of the day has withdrawn the regular bail petitions preferred by accused-petitioners Balak Ram, Maan Singh and Prem Singh. Learned counsel for the petitioner has, however, prayed for allowing the instant bail petition preferred by Balakram's wife Smt. Santoshi Devi. It has been argued that Smt. Santoshi Devi is presently aged about 43 years. She has two minor children with no one at home to look ::: Downloaded on - 03/09/2022 20:16:46 :::CIS 5 after them. Her husband Balak Ram, a co-accused in the FIR in question, is presently in Judicial custody. Learned counsel by .
invoking the provisions under Section 437 Cr. P.C. has prayed for enlarging the petitioner on regular bail. It has further been submitted that petitioner is ready and willing to abide by all the conditions which may be imposed upon her by the Court in case of her enlargement on bail.
Learned counsel for the complainant opposed the grant of bail highlighting nature of injuries inflicted upon the victim. Learned Assistant Advocate General also opposed the grant of bail. Learned Assistant Advocate General, however, submitted that in case the Court is inclined to grant bail to the petitioner, then the same be made subject to stringent conditions.
7. Petitioner is 43 years old woman with no criminal antecedents except the instant FIR. There are other co-accused persons as well in the FIR. The investigation in the matter is complete. No doubt, the offences alleged in the FIR are serious in nature but the fact whether it was the petitioner who inflicted injuries upon Pradeep Kumar is yet to be ascertained. Without examining the status report and the evidence in that regard at this stage, keeping in view that while on interim bail, the petitioner had herself surrendered post incorporation of ::: Downloaded on - 03/09/2022 20:16:46 :::CIS 6 additional sections in the FIR, considering the period of her confinement w.e.f. 18.05.2022, taking note of the fact that the .
husband of the bail petitioner, a co-accused, is also behind the bars, coupled with the fact that the petitioner has two minor children to look after, in the interest of justice and taking note of proviso to Section 437 Cr.P.C., this bail petition is allowed.
Petitioner is ordered to be released on bail in the above mentioned FIR, subject to her furnishing personal bond in the sum of Rs.75,000/- with one local surety in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-
(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law.
However she shall not be called in the police station before 9.00 A.M. and after 5.00 P.M;
(ii). Petitioner shall not tamper the evidence or
hamper the investigation in any manner
whatsoever;
(iii). Petitioner will not leave India without prior permission of the Court;
(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case or to the complainant and his ::: Downloaded on - 03/09/2022 20:16:46 :::CIS 7 family members to dissuade them from disclosing such facts to the Court or any Police Officer;
(v). The petitioner shall attend the trial on every .
hearing, unless exempted in accordance with law;
(vi). Petitioner shall inform the Station House Officer of the concerned police station about her place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of her Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any; & In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the main matter without being influenced by the above observations.
With these observations, the instant petition is disposed of alongwith miscellaneous applications, if any.
Jyotsna Rewal Dua Judge 2nd September 2022 (rohit) ::: Downloaded on - 03/09/2022 20:16:46 :::CIS