CIVIL APPEAL 11897 of 2013 on 31 December 2013

Conclusion

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. MP(M) No. 11897 of 2013

Date of Decision: 31.12.2013

Shri Baldev Chand

…Petitioner

Versus

State of Himachal Pradesh

..Respondent

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CoramHon'ble Mr. Justice Rajiv Sharma, Judge.Whether approved for reporting? no _________________________________________________________

Rajiv Sharma, Judge (oral):

The petitioner is seeking bail in case FIR No. 148 of 2013, dated 12.12.2013, registered at Police Station Dharampur, District Solan, H.P., under Section 420 read with Section 120-B of the Indian Penal Code.

2. The co-accused of the petitioner has already been enlarged on bail, the petitioner is also released on bail, since no recovery is to be effected from him.

3. Consequently, the petition is allowed and the order dated 24.12.2013 is made absolute, subject to the following conditions:

(a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; ( c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and (d)He shall not leave the territory of India without the prior permission of the Court.

4. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail.

5. Any observation made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone.

The petition stands accordingly disposed of.

Copy dasti.

December 31, 2013 (kalpana)

(Rajiv Sharma), Judge