Research › Search › Judgment

Himachal Pradesh High Court · body

2013 DIGILAW 881 (HP)

RAMZA v. STATE OF HIMACHAL PRADESH

2013-10-14

SANJAY KAROL

body2013
JUDGEMENT SANJAY KAROL, J. 1. ASI Shashi Kumar, I/O, Police Station Karsog, Distt. Mandi is present in Court. Status report filed in Cr.MP(M) No. 11470 of 2013. Record perused and returned. 2. AFFIDAVIT of Sh. Ilmu Deen s/o Sh. Usuf, father of the prosecutrix, attested before Executive Magistrate, Karsog, Distt. Mandi, H.P., is placed on record in Cr.MP(M) No. 11470 of 2013. It is stated at the Bar by the learned Addl. Advocate General, under instructions received from ASI Shashi Kumar, Investigating Officer, P.S. Karsog, that challan is likely to be filed in the near future. Investigation is complete and custodial interrogation of the petitioner is not required at all. In relation to F.I.R. No. 129/13, dated 24.8.2013, registered at Police Station Karsog, Distt. Mandi, H.P. under the provisions of Sections 363, 366 A, 120 B and 506 of the Indian Penal Code, petitioner Ramzan was arrested on 31.8.2013 and his co accused of Shafi and Abdul stand arrested on 24.8.2013. The allegation against the petitioner and his co accused is that they kidnapped the prosecutrix who is daughter of the complainant. Complainant has now sworn in an affidavit clarifying the circumstances under which the complaint was lodged by him and also the fact that he wants to withdraw the complaint having been filed on account of misunderstanding. 3. UNDER these circumstances, I am of the considered view that petitioner has made out a case for grant of bail. His custodial interrogation is no longer required. Challan is likely to be filed in the Court since investigation stands completed. 4. FOR all the aforesaid reasons, petition is allowed and the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs.50,000/ (rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Mandi, Distt. Mandi, H.P. It is clarified that petitioner shall not tamper with the prosecution evidence, try to influence the witnesses or in any manner conduct himself as to disentitle him from the discretionary power. Also, he shall always make himself available during trial. Learned Chief Judicial Magistrate is directed to comply with the directions issued by the High Court. Mandi, H.P. It is clarified that petitioner shall not tamper with the prosecution evidence, try to influence the witnesses or in any manner conduct himself as to disentitle him from the discretionary power. Also, he shall always make himself available during trial. Learned Chief Judicial Magistrate is directed to comply with the directions issued by the High Court. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court of shall decide the matter uninfluenced by any observation made herein above. Petition stands disposed of. Copy dasti.