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2014 DIGILAW 630 (HP)

Manohar Lal v. State of Himachal Pradesh

2014-05-23

SANJAY KAROL

body2014
Judgment Sanjay Karol, J. A.S.I., Mohan Singh, Police Station, Ramshehar, District Solan is present alongwith record. Record perused and returned. Status report taken on record. 2. F.I.R. No.15/2014 under Sections 363, 365, 368, 506 of the Indian Penal Code was registered at Police Station, Ramshehar District Solan, H.P., on 18.4.2014. Apprehending arrest, petitioner approached this Court seeking bail under the provisions of Section 438 of the Code of Criminal Procedure. On 16.5.2014, this Court passed an interim order directing that in the event of arrest, petitioner shall be enlarged on bail, subject to his complying with the conditions imposed therein. The said interim order is in operation till date. 3. Mr. B.S. Chauhan, learned counsel for the petitioner has invited my attention to the judgments dated 28.4.2014 passed in Cr. MP(M) No.487/2014, titled as Padam Dev vs. State of H.P. and 19.5.2014 passed in Cr. MP(M) Nos. 584 & 585 of 2014, titled as Prithvi Chand vs. State of H.P., alongwith connected matter, rendered by a Coordinate Bench of this Court, in relation to the very same F.I.R. The co-accused, in fact the main accused Padam Dev already stands enlarged on bail. 4. Learned Additional Advocate General, under instructions from the Investigating Officer, states that the petitioner has fully cooperated during investigation. The investigation is in progress. Petitioner’s custodial interrogation is not required. 5. Having heard learned counsel for the parties as also perused the record, I am of the considered view that petitioner has made out a case for confirmation of interim order dated 16.5.2014. 6. The F.I.R. was registered against the present petitioner on the allegations that Padam Dev, brother of the present petitioner, had kidnapped master Abhishek and kept him in the house of the petitioner. It has come on record in the investigation of the police that Pujari of the temple is also involved in the said crime. However, so far no investigation in that direction has been conducted by the police. Be that as it may, petitioner has made out a case for grant of bail. Petitioner during investigation has fully cooperated; he is a permanent resident of District Solan and there is no likelihood of his fleeing away from the jurisdiction of the Court in the event of trial being initiated against him. There is nothing on record to highlight the past criminal conduct of the petitioner. However, the main accused stands released. 7. Petitioner during investigation has fully cooperated; he is a permanent resident of District Solan and there is no likelihood of his fleeing away from the jurisdiction of the Court in the event of trial being initiated against him. There is nothing on record to highlight the past criminal conduct of the petitioner. However, the main accused stands released. 7. Keeping in view the entire attending circumstances and taking a holistic view of the matter, petitioner has made out a case in his favour. His custodial interrogation is not required at all. 8. This Court has taken into account the nature of accusation, the severity of punishment in case of conviction and the material so far collected by the prosecution during investigation. I am of the considered view that there is no apprehension made out by the State that in the event of the petitioner being enlarged on bail, he would tamper with the witnesses or extend any threats to the complainant. There is no probability of the petitioner abusing his liberty nor would he interfere or in any manner impede with the course of justice. Petitioner is also not likely to flee from justice. He, through his learned counsel, undertakes to make himself available during the course of investigation, if required, as also during trial, if any. 9. Having taken into consideration the overall attending circumstances, the petitioner has been able to show that there is reason to believe that the threat of arrest is imminent. 10. For all the aforesaid reasons, interim order dated 16.5.2014 is made absolute, subject to the conditions laid down therein. Needless to add, petitioner is permanent resident of State of H.P. and is not likely to flee from the territorial jurisdiction of the State. The petitioner shall be on bail till such time Challan is presented in the Court for trial where after he shall approach the Court for regular bail, in accordance with law. Needless to add, during this period petitioner shall fully comply with all the statutory conditions laid down under the provisions of Section 438 of the Cr. P.C. As a matter of abundant caution, it is clarified that petitioner shall neither tamper with the evidence nor try to influence the witnesses. He shall make himself available for investigation as and when required by the Investigating Officer. He shall not leave the country without prior permission of the Court. 11. P.C. As a matter of abundant caution, it is clarified that petitioner shall neither tamper with the evidence nor try to influence the witnesses. He shall make himself available for investigation as and when required by the Investigating Officer. He shall not leave the country without prior permission of the Court. 11. 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. With the aforesaid observations, present petition stands disposed of.