CRMPM/1433/2014 on 31 December 2015

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No. 1433 of 2014.

Date of decision: 31.12.2014.

Kala Ram

Petitioner.

Versus

State of H.P.

Respondent.

Coram

The Hon’ble Mr.Justice Sureshwar Thakur, J. Whether approved for reporting?1.

For the petitioner: Mr. Neeraj Gupta, Advocate.

For the respondent: Mr. Vivek Singh Attri, Dy. Advocate General.

Sureshwar Thakur, J. (oral)

The instant application has been filed by the bail applicant under Section 439 of the Cr.P.C., for grant of bail to him for his having allegedly committed offences punishable under Sections 307 IPC in F.I.R. No. 79 of 2014 registered at police station Chirgaon, District Shimla on 30.11.2014.

Status report filed. The bail applicant is in judicial incarceration since 5th December, 2014. The Investigating Officer has apprised this Court that the bail applicant has rendered full and effective cooperation in the investigation carried out by him into the offences allegedly committed by him and the investigation has come to an end. Given the factum of the closure of the investigation into the offences allegedly committed by the bail applicant and his suffering 1 Whether the reporters of the local papers may be allowed to see the Judgment?

judicial incarceration since 5th December, 2014, its prolongation would not in any way serve any useful purpose rather it would unnecessarily fetter the liberty of the bail applicant. More over, a perusal of the status report divulges that the victim/injured has been discharged from PGI, Chandigarh, where he was undergoing treatment for the injuries allegedly inflicted on his person by the bail applicant. His having returned home, fillips a conclusion that the injuries allegedly inflicted on his person by the bail applicant may not ultimately sequel his demise. Even though, the status report divulges the fact that the injured/victim of the offence is still undergoing treatment as an out door patient at PGI, Chandigarh. Nonetheless, the said factum per se does not constitute ground for an inference that hence given the fact of the injured having not fully recovered from the injuries allegedly inflicted on his person by the bail applicant he is likely to succumb to them, rather the factum of his having come to be discharged from PGI, Chandigarh, undermines the effect, if any, of his undertaking treatment as an out door patient at PGI, Chandigarh and its may be constituting a ground for a possible inference that hence he may ultimately succumb to the injuries allegedly inflicted on his person by the bail applicant. Consequently, in face thereof and in face of the fact that at this stage no material has been placed on record by the prosecution disclosing that in case the facility of

bail is accorded to the bail applicant, there is every likelihood of his fleeing from justice or tampering with prosecution evidence. As a sequel, the bail application is allowed. The bail applicant is directed to be released from judicial custody wherein he is presently lodged, subject to the following conditions:

(i) That he shall furnish personal and surety bonds in the sum of Rs.50,000 /- each to the satisfaction of the learned Judicial Magistrate 1st Class, Rohru.

(ii) That the bail applicant shall join the investigation, as and when required by the investigating agency;

(iii) That he shall not directly or indirectly advance any threat, inducement or promise to any person acquainted with the facts of the case and shall not tamper with the prosecution evidence.

(iv) That he shall not leave India without the prior permission of the Court.

(v) That he shall deposit his passport, if any, with the Police Station, concerned;

(vi) That in case, the injured/victim succumbs to the injuries then the facility of the bail shall stand automatically cancelled.

With the aforesaid observations, the present petition stands disposed of. It is, however, made clear that the findings recorded hereinabove will have no bearing on the merits of the case. Dasti copy.

31st December, 2014.

(Sureshwar Thakur)

™

Judge.