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2014 DIGILAW 120 (HP)

Sarabjinder Singh v. State Of Himachal Pradesh

2014-02-14

RAJIV SHARMA

body2014
JUDGMENT : : Rajiv Sharma, J. Petitioner is seeking bail in case FIR No. 297 of 2013, dated 28.12.2013 registered at Police Station Chamba, under Sections 307 read with Section 34 of the Indian Penal Code. 2. Report produced and perused. It is evident from the report that Shri Neeraj Singh has been shot at the foot by the petitioner. If the petitioner had the intention to kill Shri Neeraj Singh, he would have shot him at the vital organs. 3. Consequently, the present petition is allowed, subject to the following conditions: (a) He shall made 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 temper 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. 6. The Petition stands disposed of.