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2009 DIGILAW 219 (HP)

LATURIA RAM v. STATE OF H. P.

2009-03-27

SURINDER SINGH

body2009
JUDGMENT Surinder Singh, J. (Oral:- The petitioners were arrested in FIR No. 230 of 2008, registered on 17.8.2008, under Section 302 read with Section 34 of the Indian Penal Code, in Police Station Sarkaghat, District Mandi, H.P. They were denied bail by the learned Sessions Judge as such the instant application for bail under Section 439 of the Code of Criminal Procedure has been preferred in this court. 2. Report filed and arguments heard. 3. Precisely, the case of the prosecution is that Smt. Byasa Devi, hereinafter referred to as the ‘deceased’ was a resident of village Gahar. Her daughter Smt. Shama Devi-complainant is a married daughter of the deceased. On 16.8.2008 during ‘Rakhi’, she came to village Gahar. On 17.8.2008, her brother left to his work in the morning, whereas her mother Byasa Devi went to cut the grass from the ‘Ghasni’ nearby. When she did not return, the complainant went in search of her mother, on the way she met the petitioners with load of grass but she did not talk to them because of litigation with her mother with respect to land. She went to the ‘ghasni’ and found dead body of her mother lying in the pool of blood with serious injuries. Thereafter she returned to the village and informed Shankar Dass. Then she along with Shankar Dass and others visited the spot and found Byasa Devi dead. 4. The FIR was lodged by Shama Devi. She expressed her suspicion on Ganga Devi who, according to her was coming from the same direction in a huff-huff condition where the dead body was lying. 5. During the investigation, Police arrested Ganga Devi and the petitioners as well. Thereafter at the instance of the petitioners their wearing apparels were taken into possession from the bath room of Sarswati and clothes of Laturia Ram from his house. The said articles were sealed and sent to the Forensic examination. The report of the Forensic Laboratory has been received. It only discloses human blood on the trouser of Sarswati but no blood was detected on the clothes of Laturia. Except this, there is no connecting herein. The said articles were sealed and sent to the Forensic examination. The report of the Forensic Laboratory has been received. It only discloses human blood on the trouser of Sarswati but no blood was detected on the clothes of Laturia. Except this, there is no connecting herein. evidence against the petitioners record, On in having my examined considered the investigation opinion, without commenting upon the merit or demerits of the case, petitioners have a case for bail as such the bail petitions of the petitioners are allowed and each of them are hereby directed to be released on bail on their furnishing bail bonds in the sum of Rs. 20,000/- each with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Mandi and this bail shall be subject to the following conditions:- (i) That the petitioners shall be available for interrogation, if any, in this case as and when required and they shall also present themselves in the court whenever required to do so. The case is listed for evidence of prosecution on 6th to 8th April, 2009, before the trial court as stated by the learned Assistant Advocate General. The petitioners shall remain present on the above dates in the court. (ii) That the petitioners shall not make any inducement, threat or promise to any witness acquainted with the facts and circumstances of this case so as to dissuade them from disclosing the true facts to the court or the Police officer. (iii) The petitioners shall not tamper with the prosecution evidence in any manner. 6. In case any of the conditions are infracted by the petitioners, liberty of bail shall be cancelled. 7. Any observation made hereinabove, shall not effect the merits of the case in any manner. 8. An authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Mandi forthwith for information and necessary action at his end. The matter stands disposed of.