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2014 DIGILAW 623 (HP)

Shashi Mehta v. State of Himachal Pradesh

2014-05-22

SANJAY KAROL

body2014
Judgment Sanjay Karol, J. ASI-Manohar Lal, Police Station Dhalli, Distt. Shimla, is present in Court alongwith record. Status report filed and taken on record. Record perused and returned. 2. In this application filed under Section 439 of the Criminal Procedure Code, 1973, petitioner is seeking regular bail in relation to F.I.R. No. 202 of 2013, dated 7.12.2013, registered at Police Station Dhalli, Distt. Shimla, H.P. under the provisions of Sections 324, 326 and 307 of the Indian Penal Code. 3. Mr. R. S. Verma, learned Addl. Advocate General, under instructions received from ASI-Manohar Lal who is present in the Court, submits that investigation is complete and challan already stands filed in the Court of competent jurisdiction. He further states that the accused is behind bars since 11.12.2013. Noticeably petitioner’s earlier application stands rejected by this Court. At that time, investigation in the case was under progress. Petitioner is a young boy of 21 years and is pursuing his Diploma in Computer Sciences. 4. Taking into account the overall attending circumstances, more particularly the conduct of the accused, nature of crime, circumstances under which it was allegedly committed and the fact that the accused has to pursue his studies, I am of the considered view that petitioner has made out a case for grant of bail. Moreover, petitioner’s custodial interrogation is no longer required as investigation is complete and challan already stands filed. 5. Keeping in view the aforesaid attending circumstances petition is allowed and 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, Shimla, Distt. Shimla, 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, vide letter No. HHCVIG/Misc. Instructions/93-IV-7139, dated 18.3.2013. 6. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. Petition stands disposed of.