Himachal Pradesh High Court
CRMPM/1427/2014 on 30 December 2014
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 1427 of 2014 a/w
Cr. MP(M) No. 1428 of 2014
Date of decision: 30.12.2014
_____________________________________________________________________
Cr.MP(M) No. 1427 of 2014
Kiran Thappa
…..Petitioner.
Vs.
State of H.P. & others
…..Respondents
Cr. MP(M) No. 1428 of 2014
Manish Singh
…..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(s) :
Mr. Vivek Singh Thakur, Advocate.
For the respondents :
Mr. Vivek Singh Attri, Deputy Advocate
General.
Sureshwar Thakur, J. (Oral):
Both these petitions are arising out of a common FIR and are being disposed of by a common order.
Whether the reporters of the local papers may be allowed to see the Judgment?
2.
The Investigating Officer, Prakash Chand, Police Station, Barsar present in Court. He has apprised this Court that the bail applicants are rendering full and effective cooperation in the investigation conducted by him into the offences, allegedly committed by the bail applicants/petitioners. However, he submits that a sum of `10 lac allegedly dishonestly induced to be delivered by the complainant to the bail applicants remains un-recovered. Even if that amount remains un-recovered, its realization can be secured in case this Court directs that the bail applicant, namely, Manish Singh, shall furnish solvent securities before the Investigating Officer in the sum of `10 lac within a week.
3.
The learned Deputy Advocate General has also canvassed before this Court that given the fact that bail applicant, Manish Singh, is a resident of Varanasi, it would be difficult to procure his presence at the time of his being subjected to trial before the Criminal Court of competent jurisdiction. However, the above apprehension of the learned Deputy Advocate General, can come to be allayed as well as mitigated in case this Court directs that in addition to the personal and surety bonds, already furnished by the bail applicant, namely, Manish Singh, he shall also furnish personal bond in the sum of ` 1 lac with two local sureties in the like amount to the satisfaction of the Investigating Officer.
4.
Accordingly, in view of the aforesaid discussion, this Court is constrained to accord indulgence of bail in favour of the bail
applicants subject to compliance by the bail applicants of the following conditions:
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1. The bail applicant, namely, Manish Singh, shall furnish solvent securities before the Investigating Officer in the sum of `10 lac within a week.
2. In addition to the personal and surety bonds already furnished by the bail applicant, namely, Manish Singh, he shall furnish personal bond in the sum of `1 lac with two local sureties in the like amount to the satisfaction of the Investigating Officer.
5. Consequently, the orders rendered on 23.12.2014 are confirmed on the following conditions:
(i) that the bail applicants shall join the investigation as and when required by the Investigating Agency;
(ii) that they 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 them from disclosing such facts to the Court or to any police officer;
(iii) That they 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 petitioners shall be forfeited and they shall be liable to be taken into custody; and
(v) That they shall apply for bail afresh when the challan is filed before the trial Court.
Copy dasti.
(Sureshwar Thakur),
Judge December 30, 2014
(bhupender)