CRMPM/1429/2014 on 31 December 2015

IN THE HIGH COURT OF HIMACHAL PRADESH

SHIMLA

Cr.M.P(M) No. 1429 of 2014

Decided on : 31.12.2014

Yashpal

……Petitioner.

Versus State of Himachal Pradesh

……Respondent.

Coram:

The Hon’ble Mr. Justice Sureshwar Thakur, Judge.

Whether approved for reporting?1

For the Petitioner:

Mr. Suresh Kumar Thakur, Advocate.

For the Respondent-State: Mr. Vivek Singh Attri, Deputy Advocate General.

Sureshwar Thakur, J (oral)

The instant petition has been filed by the petitioner/bail applicant under Section 438 Cr.P.C, for grant of bail, for his having allegedly committed offence punishable under Sections 306 read with Section 34 IPC in case FIR No. 334 of 2014 of 20.12.2014 registered at Police Station Nurpur, District Kangra, H.P.

1 Whether reporters of the local papers may be allowed to see the judgment? High Court of H.P. 2014:HHC:11873 ::: Downloaded on - 03/11/2026 14:59:46 :::CIS

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2. Status report filed. Its perusal divulges that the deceased was an aged lady of 65 years, besides a disclosure exists therein of the petitioner/bail applicant repeatedly despite desistance of the deceased not to do so throw debris on her land, indulging in such misdemeanors. Given the age of the deceased and the repeated acts of actuation and instigation constituted by the aforesaid acts of the bail applicant appear to be the propellant cause for the deceased to commit suicide. Moreso when the complainant has in her statement recorded under Section 154 Cr.P.C divulged therein of the deceased taken to awaken and apprise the complainant about the excruciating agony beset upon her by the aforesaid instigatory acts of the petitioner/bail applicant, as such, she being hence actuated to commit suicide. Consequently, prima-facie at this stage, it appears that facility of bail ought not to be afforded to the petitioner/bail applicant. Accordingly, there is no merit in the petition, the same is accordingly dismissed.

December 31, 2014.

( Sureshwar Thakur ), (priti)

Judge.

High Court of H.P. 2014:HHC:11873 ::: Downloaded on - 03/11/2026 14:59:46 :::CIS