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2014 DIGILAW 288 (HP)

Manjit Singh v. State of Himachal Pradesh

2014-03-27

DHARAM CHAND CHAUDHARY

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Judgment Dharam Chand Chaudhary, J. 1. Petitioner is the accused in FIR No. 162 of 2013, registered against him under Sections 498-A and 307 IPC in Police Station, Sadar Hamirpur with the allegations that on 26.5.2013, he poured kerosene oil on his wife, the victim, lit the match stick, and thereby set her on fire. 2. The record reveals that the victim initially made a statement that on 26.5.2013, she woke up early in the morning around 5.00 a.m., and came towards cowshed side. She collected dry grass and leaves and tried to lit fire, however, when not catch fire, she poured kerosene oil and lit the match stick. The grass and leaves so collected by her caught fire at once and due to which she received burn injuries on her person. However, subsequently, she came forward with an altogether different version that it is her husband, the accused-petitioner, who came behind, poured kerosene oil, and set her on fire intentionally to kill her. 3. On completion of the investigation, Police report against him has been filed. The trial is at an advanced stage as the prosecution evidence stands recorded. 4. The prosecution seems to have filed an application under Section 311 Cr.P.C. for examination of one more witness. After the decision of the application, the defence evidence, if opted to be produced by the accused, has to be recorded. 5. In view of the above, without lamenting much on the merits of the case as in that event prejudice is likely to be caused to the case of either party, suffice would it to say that further custody of the accused-petitioner in the given facts and circumstances, well before his conviction, is unwarranted. He has been arrested in this case on 26th May, 2013 and is presently in judicial custody. He belongs to District Hamirpur and it can reasonably be believed that he has roots in the society. This Court see no reason of his absconding or fleeing away from justice. Otherwise also, while admitting him on bail, his movement can be restricted by imposing appropriate conditions upon him. He belongs to District Hamirpur and it can reasonably be believed that he has roots in the society. This Court see no reason of his absconding or fleeing away from justice. Otherwise also, while admitting him on bail, his movement can be restricted by imposing appropriate conditions upon him. The application, therefore, is allowed and it is ordered that the accused-petitioner, who has been arrested in connection with FIR No.162/13, Police Station, Sadar Hamirpur and presently confined in judicial custody, shall be released on bail, subject to his furnishing personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of learned Additional Sessions Judge, Hamirpur, and shall further abide by the following conditions:- That he: (a) Shall 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) Shall not tamper with the prosecution evidence nor make any inducement, threat or promise 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 Investigating Officer. (c) Shall not leave the territory of India without the prior permission of the Court and shall rather deposit his passport in the trial Court at the time of furnishing the bail bonds, the release whereof he can seek, in accordance with law, after termination of the proceedings against him by filing appropriate application in the trial Court. 6. 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. 7. The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case. The application stands disposed of. Copy Dasti.