Research › Search › Judgment

Himachal Pradesh High Court · body

2009 DIGILAW 1074 (HP)

JALSI RAM v. STATE OF H. P.

2009-11-18

KULDIP SINGH

body2009
JUDGMENT Kuldip Singh, J.(Oral)-Cr.MP(M) No. 982 of 2009 and Cr.MP(M) No. 983 of 2009 have been filed by Jalsi Ram and Dara Singh, respectively under Section 439 Cr.P.C. for releasing them on bail in FIR No. 410 of 2009 registered on 29.10.2009 at Police Station, Dhalpur, Kullu under Sections 3 (1) (v), (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 506, 427, 34 IPC. Both the petitions are being disposed of by common judgment. The status report has been filed in Cr.MP(M) No.982 of 2009. 2. Heard and perused the record. In Cr.MP(M) No. 982 of 2009, It has been submitted that the petitioner is innocent . He has committed no offence. The complainant Ram Chand has lodged the FIR with ulterior motive to harass and harm the petitioner. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. It has been submitted that no recovery is to be made from the petitioner. In Cr.MP(M) No. 983 of 2009 similar grounds have been taken by the petitioner for releasing him on bail as have been taken by petitioner in Cr.MP(M) No. 982 of 2009. Both the petitioners had surrendered in this Court and they were granted interim bail under Section 439 Cr.P.C. on 6.11.2009. 3. The bail applications have been opposed by Mr. A.K.Bansal, learned Additional Advocate General appearing on behalf of the State. Mr. A.K.Bansal, however, on instructions received from the officer present in the court has stated that both the petitioners have joined the investigation, no recovery is to be made from the petitioners. The investigation in the case is almost complete and even challan has been prepared and is likely to be filed in the Court very shortly. It has been submitted that there is some land dispute between the parties. 4. In the status report, it has been stated that no further interrogation of the accused is required nor any recovery is to be effected. In the facts and circumstances of the case, both the applications are allowed and in both the petitions, the petitioners are ordered to be released on bail on their furnishing personal bonds in the sum of Rs.10,000/- each with one surety each of the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court today itself. In the facts and circumstances of the case, both the applications are allowed and in both the petitions, the petitioners are ordered to be released on bail on their furnishing personal bonds in the sum of Rs.10,000/- each with one surety each of the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court today itself. The petitioners shall not tamper with the prosecution evidence in any manner. In case bail bonds as directed above are not furnished then the petitioners shall be taken into custody. Both the petitions are disposed of.