Himachal Pradesh High Court
Jagpal Singh @ Kaku vs State Of Himachal Pradesh on 10 March, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.M.P(M) No.583 of 2023
Date of Decision: March 10, 2023
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Jagpal Singh @ Kaku ...Petitioner.
Versus
State of Himachal Pradesh ..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr.Alok Ranjan, Advocate.
For the Respondent: Mr.Harinder Singh Rawat, Additional
Advocate General.
Vivek Singh Thakur, J (oral)
Petitioner has approached this Court, invoking provisions of Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), for enlarging him on interim bail in case FIR No.147 of 2021, dated 24.05.2021, registered in Police Station Nalagarh, Police District Baddi, District Solan, H.P., under Sections 147, 148, 149, 323, 307, 302, 120-B and 201 of the Indian Penal Code (in short 'IPC') and Sections 25, 29-B and 40 of the Arms Act, 1959 (hereinafter referred to as 'Arms Act').
2. Present petition has been filed for grant of interim bail in the aforesaid matter on the ground that grandmother of petitioner Krishna Devi has expired on 05.03.2023. Whereas, Dhanwant Singh, father of the petitioner, is suffering from Sugar and has suffered a fracture in leg few days ago and is not able to 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 10/03/2023 20:35:09 :::CIS 2move and perform last rites and rituals of his mother Krishna Devi (grandmother of the petitioner). Further that, Dhanwant Singh has two sons namely Om Pal and Jagpal Singh @ Kaku .
(petitioner). However, Om Pal is drug and alcohol addict and use to quarrel with family members, including parents and, therefore, he has been ousted from the family and declaration to that effect has been published in the News Paper on 13.01.2023. It has further been submitted that there is no other male member in the family to perform last rites and rituals of deceased Krishna Devi at home as well as for going Haridwar.
3. Copy of medical certificate issued by Postgraduate Institute of Medical Education and Research (PGIMER) Chandigarh, has been placed n record, wherein it has been certified that Krishna Devi wife of Rattan Singh has expired on 05.03.2023. Copy of publication in News Paper has also been placed on record.
4. It has been further submitted that petitioner is under-trial prisoner whose guilt is yet to be proved, but being an under-trial prisoner he is having the right to release on parole or to visit his house for performing the last rites and rituals of his grandmother Krishna Devi.
5. Learned Additional Advocate General has placed on record status report received from Police Station Nalagarh. Same is taken on record. As per report obtained from concerned Police Station, aforesaid facts have been verified and found to be true.
::: Downloaded on - 10/03/2023 20:35:09 :::CIS 36. Considering the entire facts and circumstances and status report filed by State, I find that petitioner may be enlarged on interim bail at this stage. Accordingly, petitioner is directed to .
be enlarged on interim bail, subject to his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of trial Court, from the date of furnishing and acceptance of bail bonds till 22.03.2023 with direction to surrender before the Superintendent Jail, wherefrom he shall be released on or before 22.03.2023 at 2 PM.
7. SHO Police Station Nalagarh is also directed to verify the facts of surrender by petitioner on 22.03.2023 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law. During bail, petitioner shall abide by following further conditions in addition to the condition of surrender and any other condition, which is considered to be necessary by the trial Court:-
(i) He shall not tamper with evidence in any manner;
(ii) He shall not visit any of the place except his native village, Haridwar or any other place where his presence is necessary for performing/arranging rites and rituals of his deceased grandmother;
(iii) That petitioner shall not misuse his liberty in any manner.
(iv) That the petitioner shall not directly or indirectly 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or ::: Downloaded on - 10/03/2023 20:35:09 :::CIS 4 influence or intimidate the prosecution witnesses;
(v) That the petitioner shall not obstruct the smooth progress of the investigation as well as trial;
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(vi) That the petitioner shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station;
(vii) That the petitioner shall attend the Court on the date, if any, fixed by the trial Court.
(viii) That petitioner shall not misuse his liberty in any manner.
8. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.
9. In case the petitioner violates any conditions imposed upon him, his interim bail shall be liable to be cancelled.
In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.
10. Sessions Judge Solan/Additional Sessions Judge Nalagarh, H.P., is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc.
Instructions/93-IV.7139 dated 18.03.2013.
::: Downloaded on - 10/03/2023 20:35:09 :::CIS 511. Observations made in this petition hereinbefore shall not affect merits of the case in any manner and are strictly confined for the disposal of the bail application.
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12. Petitioner is permitted to produce/use copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the Sessions Judge/authorities concerned, and the said Court/authorities shall not insist for production of a certified copy but if required, may verify passing of order from Website of the High Court.
13. The petition stands disposed of in the aforesaid terms.
(Vivek Singh Thakur), Judge.
March 10, 2023 (Purohit) ::: Downloaded on - 10/03/2023 20:35:09 :::CIS