Himachal Pradesh High Court
CRMPM/1773/2018 on 28 December 2018
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) No. 1773 of 2018 Date of Decision: December 28, 2018 Akhil ...Petitioner Versus State of Himachal Pradesh ...Respondent
Coram:
The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 No. For the petitioner :Mr. Bhag Chand Sharma, Advocate. For the respondent :Mr. Shiv Pal Manhans, Additional Advocate General, Mr. R.P. Singh and Mr. Raju Ram Rahi, Deputy Advocate Generals for the respondent-State.
Vivek Singh Thakur, Judge. (Oral) SI-Madan Lal, Police Station Sadar, Distt. Shimla, H.P. is present in person alongwith record. Status report stands filed.
2. Petitioner is studying in BA (6th Semester) in Center of Excellence, Government Degree College, Shimla – 6 and residing in a hostel at Sanjauli. 1Whether reporters of Local Papers may be allowed to see the judgment?
3. As per the status report filed a quarrel had taken place between the students and the cook of the hostel on 13.12.2018 and as a result thereof the cook had not prepared meals for the students in the hostel and with respect to the incident the petitioner has also lodged a cross FIR No. 288/2018 dated 14.12.2018 under Sections 341, 323, 325, 504, 506 read with Section 34 of the Indian Penal Code. Petitioner has joined investigation and during investigation all the accused, including the petitioner, have been bound down by issuing notice under Section 41(A) Cr.P.C. and it is indicated that their custodial interrogation is not required. Nothing is to be recovered from the petitioner and investigation with respect to him is complete. In the aforesaid facts and circumstances order dated 18.12.2018 is confirmed.
4. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice.
5. In case the petitioner violates any conditions imposed upon him, his 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.
6. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
7. Petition stands disposed of in the aforesaid terms. Copy dasti.
(Vivek Singh Thakur),
Judge. December 28 , 2018 (PK)