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2013 DIGILAW 565 (HP)

Ghamo Devi v. STATE OF HIMACHAL PRADESH

2013-06-19

SURINDER SINGH

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JUDGMENT SURINDER SINGH, J. 1. THE petitioner is in judicial custody in FIR No. 21/2013, dated 24.2.2013 for the offence punishable under Section 364 of the Indian Penal Code, registered in Police Station, Gohar, Distt. Mandi, H.P. Her application for bail was dismissed by the learned Additional Sessions Judge on 2.5.2013 and now, the present application has been moved seeking regular bail by resorting to the provisions of Section 439 of the Code of Criminal Procedure. 2. REPORT filed. Considered. Precisely, the case against the petitioner is that Param Dev, an employee of Government Senior Secondary School, Shivathana, Tehsil Thunag, Distt. Mandi was allegedly carrying on illicit relations with the petitioner. On 17th January, 2013, he was going from his home to Village Reshad, Tehsil Thunag to attend (Deyoli) a religious function of Devta. On the way, he met three persons, namely Hem Singh, Timer Singh and Lal Singh at Chaida Khad. Thereafter, Param Dev went to the house of Lal Singh. In between 5.30 p.m to 6.30 p.m., four telephone calls of the petitioner were received by Param Dev on his cell phone. It is alleged that the prosecutix had called said Shri Param Dev to her house. So far, no such witness has come forward to substantiate this fact that the petitioner had called Param Dev to her house, but however, after 6.30 p.m. on 17.1.2013 Param Dev was found missing. 3. THE petitioner was arrested on 26.3.2013 on the basis of suspicion. She was remanded to police custody and interrogated, but the police could not get any break through. Even, Param Dev has not been found alive or dead. His whereabouts are not known. The investigation is still in progress. The petitioner is now lodged in judicial custody. 4. THERE is no other linking evidence except the telephone call details. Be that as it may, but however, now the petitioner has a case for bail. As such, the petitioner is ordered to be released on bail on her entering into the bail bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Mandi. This bail shall be subject to the further conditions : 1. The petitioner shall co-operate with the investigation of this case, as and when called upon to do so. 50,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Mandi. This bail shall be subject to the further conditions : 1. The petitioner shall co-operate with the investigation of this case, as and when called upon to do so. She shall be interrogated in accordance with the directions issued by the Apex Court as also by this Court, from time to time with all decency. Needless to say, the interrogation of the petitioner shall be done only during the day time and that too, in the presence of her Counsel. 2. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing true facts to the police/court. It is made clear that the petitioner shall abide by the terms and conditions of the bail in letter and spirit, failing which, the liberty of bail shall be cancelled. With these observations, the petition stands disposed of. An authenticated copy of this order be sent to the Chief Judicial Magistrate, Mandi for information and necessary action.