Himachal Pradesh High Court
Satish vs State Of H.P on 31 March, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. MP(M) Nos. 710 and 711 of 2023
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Decided on : 31.3.2023
1. Cr. MP(M) No. 710 of 2023
Satish
...Applicant
Versus
State of H.P.
...Respondent
2. Cr. MP(M) No. 711 of 2023
Ravi
..Applicant
Versus
State of H.P.
..Respondent
___________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
________________________________________________
For the Applicants : Mr. Vishal Verma, Advocate.
For the respondent : Ms. Ayushi Negi, Ms. Seema
Sharma and Ms. Sunaina, Deputy
Advocates General.
Virender Singh, Judge (oral)
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The above titled bail applications are being disposed of by this common order, as these applications .
have been filed by the applicants, for releasing them on bail during the pendency of trial, in case FIR No. 6 of 2023, dated 3.1.2023, registered with Police Station West, Shimla, under Sections 451, 323, 307, 353 and 34 of the Indian Panel Code (hereinafter referred to as 'the IPC').
2. Presently, the bail applicants are stated to be in judicial custody and have been lodged in SubJail, Kaithu, Shimla.
3. According to the applicants, they have been falsely implicated in this case and have nothing to do with the offences, for which, they have been arrested by the Police, in this case.
4. The applicants have given certain undertakings, for which, they are ready to abide by, in case, released on bail.
5. Apart from this, history of earlier bail applications, which have been filed by them, has also been mentioned in para10 of both the bailapplications.
::: Downloaded on - 01/04/2023 20:34:36 :::CIS 36. On all these submissions, a prayer has been made to allow the bail applications by granting the relief, as claimed.
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7. When put on notice, the Police has filed status report disclosing therein that on 2.1.2023 at about 10:30 p.m., the complainant, as usual, was present on the counter of his Cafe. Meanwhile, he noticed that a white coloured vehicle No. HR793006 (I20) stopped near his Cafe. A person namely Satish (applicant) r came to him and ordered for two paranthas, upon which, the order was placed. Both the applicants (Satish and Ravi) entered into the kitchen of the Cafe, to which, the complainant objected and requested them to wait outside. Upon this, both the applicants left the kitchen. Both of them were stated to be under the influence of liquor. Thereafter, applicant Satish came out and took out a wooden stick (danda) from the dickey of his car and entered the kitchen alongwith accused Ravi and started beating the cook Raj Rahi. When the complainant entered the kitchen, he noticed that the blood oozing out from the head of Raj Rahi. When he had tried to save him, he was also beaten ::: Downloaded on - 01/04/2023 20:34:36 :::CIS 4 by the accused. Complainant Sandeep Sharma had also sustained injuries. On hearing the noise, other persons also reached there.
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8. It is the further case of the police that thereafter they also had scuffle with the other persons present on the spot. The matter was, thereafter, reported to the Police. Thereafter, both the persons were nabbed at Kandaghat.
9. On the basis of above facts, the Police registered the case and criminal machinery swung into motion.
10. As per the stand taken in the status report, investigation, in the present case, is complete and report under Section 173(2) Cr. P.C. has been submitted before learned JMFC, Court No. 8, Shimla (Ilaaqua Magistrate).
11. During investigation, Police found that one case was registered under Section 354 of the IPC against applicant Ravi. However, in the said case, he has been acquitted, whereas, no criminal history of applicant Satish has been mentioned in the status report or argued.
12. It has been submitted that report of the blood and urine samples of the applicants is still awaited from ::: Downloaded on - 01/04/2023 20:34:36 :::CIS 5 the State Forensic Science Laboratory.
13. Lastly, the bail applications have been opposed on the ground that both the applicants are resident of .
District Rohtak, Haryana and in case, they are released on bail, they may again indulge in the same activities and may not be available for trial. The apprehension of coercing the witnesses has also been expressed in the status report. The act of the applicants is also stated to be causing fear in the minds of common people.
14. On all these submissions, a prayer has been made by the State to dismiss the bail application.
15. Arguments heard and file perused.
16. The applicants are in judicial custody. This fact demonstrates that their custodial interrogation is no longer required. The chances of commencement and conclusion of the trial against the accused are not so bright, as such, no useful purpose would be served by keeping them, in judicial custody.
17. At the time of deciding the bail application, the detailed discussions about the evidence collected by Police, during the investigation, should be avoided, as it ::: Downloaded on - 01/04/2023 20:34:36 :::CIS 6 would cause prejudice to the case of prosecution or to the case of accused.
18. The presumption of innocence is still available to .
the applicants. Moreover, the bail applications cannot be rejected, as a matter of punishment, as the pre trial punishment is prohibited under the law.
19. The role allegedly played by the applicants, in the commission of offences, for which, they have arrested, will be proved during the trial.
20. So far as the apprehensions, as expressed by the police, in the status report are concerned, this Court is of the considered view that these apprehensions are not sufficient to decline the relief of bail, to the bail applicants, for which, they are otherwise entitled and for those apprehensions, reasonable conditions can be imposed.
21. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed.
22. The applicants are ordered to be released on bail in case FIR No. 6 of 2023 dated 3.1.2023, registered with ::: Downloaded on - 01/04/2023 20:34:37 :::CIS 7 Police Station Boileauganj, District Shimla, under Sections 451, 323, 307, 353, 504 and 34 IPC, on their furnishing personal bonds in the sum of Rs. 40,000/, .
each, with one surety each in the like amount, to the satisfaction of learned Ilaaqua Magistrate/Duty Magistrate, Shimla. This order, however, shall be subject to the following conditions:
a) They shall make themselves 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;
b) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) They shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and
d) They shall not leave the territory of India without the prior permission of the Court.
23. Any observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail applications.
::: Downloaded on - 01/04/2023 20:34:37 :::CIS 824. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is violated by the bail applicants.
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25. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail Kaithu through email,with a direction to enter the date of grant of bail in the eprison software.
26. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, SubJail,Kaithu is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, SubJail Kaithu is further directed that if the applicants fail to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
(Virender Singh) Judge March 31, 2023 (Kalpana) ::: Downloaded on - 01/04/2023 20:34:37 :::CIS