Himachal Pradesh High Court
CRMPM/1353/2014 on 30 December 2014
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 1353 of 2014
Date of decision: 30.12.2014 _____________________________________________________________________
Shri Jagdish Chand
…..Petitioner.
Vs.
State of H.P. & others
…..Respondents.
Coram
The Hon’ble Mr. Justice Sureshwar Thakur, Judge Whether approved for reporting?1 For the petitioner: Mr. Ashok Kumar Thkur, Advocate.
For the respondents : Mr. Vivek Singh Attri, Deputy Advocate General.
Sureshwar Thakur, J. (Oral):
The Investigating Officer, Manohar Lal, Dy. S.P., CID, Central Range, Mandi, (H.P.) present and apprises this Court that except for the collection of the samples/specimen signatures of the bail applicant for their comparison with the disputed signatures, the investigation has come to an end. The bail applicant is directed to facilitate the completion of the investigation by the Investigating Officer qua the aforesaid facet. The further fact that the bail applicant is a Whether the reporters of the local papers may be allowed to see the Judgment?
Government employee and when no material has been placed on record demonstrating that in the event of bail being granted to the bail applicant, there is every likelihood of the bail applicant fleeing from justice or tampering with the prosecution evidence, as a sequel then this Court does not deem it fit and proper to order for the custodial interrogation of the bail applicant, besides it is open for the competent authority to initiate appropriate proceedings for recovery of the alleged embezzled amount from the bail applicant, if responsibility is fixed/fastened upon him after a thorough inquiry. Accordingly, the indulgence of bail is granted to the bail applicant and the order rendered on 25.11.2014 is confirmed on the following conditions:
(i) that the bail applicant shall join the investigation as and when required by the Investigating Agency;
(ii) that he shall not directly and indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) That he shall not leave India without the permission of the Court;
(iv) That in case of violation of any of these conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody; and
(v) That he shall apply for bail afresh when the challan is filed before the trial Court.
The petition stands disposed of.
(Sureshwar Thakur),
Judge December 30, 2014 (bhupender)