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Himachal Pradesh High Court · body

2016 DIGILAW 47 (HP)

Sanju Ram S/o Sh. Bachitar Singh v. State of H. P.

2016-01-06

P.S.RANA

body2016
JUDGMENT : P.S. RANA, J. 1. Present petition is filed under Section 439 Code of Criminal Procedure for grant of bail in FIR No. 111 of 2015 dated 1.10.2015 registered under Section 324, 326 and 307 of the Indian Penal code in Police Station Lambagaon District Kangra H.P. 2. It is pleaded that petitioner is innocent and petitioner is not connected with any criminal offence. It is further pleaded that there is no independent witness to corroborate the version of the complainant. It is further pleaded that petitioner is falsely implicated in the present case. It is further pleaded that no recovery is to be effected from petitioner and no fruitful purpose will be served in case petitioner is kept in judicial custody. It is further pleaded that investigation is complete in the present case. It is further pleaded that petitioner is only bread earner of his large family consisting of his wife minor children and old parents. It is further pleaded that petitioner will not tamper with prosecution witnesses and will cooperate investigating agency. It is further pleaded that petitioner will abide all terms and conditions imposed by the Court. Prayer for acceptance of bail application is sought. 3. Per contra police report filed. As per police report FIR No. 111 of 2015 dated 1.10.2015 registered under Section 324, 326 and 307 of Indian Penal Code in Police Station Lambagaon District Kangra H.P. There is further recital in police report that Onkar Chand injured aged 45 years is driver by profession. There is further recital in police report that on 30.9.2015 at 8.30 A.M. injured Onkar Chand approached the shop at Maila in order to bring household articles. There is further recital in police report that when injured Onkar Chand was sitting upon bench outside the shop of Jameet Singh then Sanju Ram petitioner who is mason by profession came and started altercation with injured Onkar Chand. There is further recital in police report that thereafter petitioner has inflicted injuries upon left arm and back portion of the body of injured Onkar Chand with iron Karandi (Sharp weapon). There is further recital in police report that thereafter blood oozed out from the arm of injured Onkar Chand. There is further recital in police report that thereafter wife of injured namely Reeta Devi brought the injured Onkar Chand in Ambulance to hospital situated at Jaisinghpur. There is further recital in police report that thereafter blood oozed out from the arm of injured Onkar Chand. There is further recital in police report that thereafter wife of injured namely Reeta Devi brought the injured Onkar Chand in Ambulance to hospital situated at Jaisinghpur. There is further recital in police report that after discharge of injured Onkar Chand from hospital injured was associated with investigation process and site plan was prepared and photographs were obtained. There is further recital in police report that blood clot clothes of injured Onkar Chand took into possession vide seizure memo. There is further recital in police report that statements of prosecution witnesses recorded under Section 161 Code of Criminal Procedure. There is further recital in police report that opinion of Medical Officer obtained and as per opinion of Medical Officer injury No.1 was grievous in nature which was endanger to life of injured Onkar Chand. There is further recital in police report that petitioner will induce and threat prosecution witnesses. There is further recital in police report that there is resentment in the locality. Prayer for rejection of bail application sought. 4. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of non-petitioner and also perused the record carefully. 5. Following points arise for determination in this bail application:- Point No. 1 Whether bail application filed under Section 439 Code of Criminal Procedure is liable to be accepted as mentioned in memorandum of grounds of bail application? Point No. 2 Final Order. Findings upon Point No.1 with reasons: 6. Submission of learned Advocate appearing on behalf of petitioner that petitioner is innocent and he did not commit any criminal offence cannot be decided at this stage. Same facts will be decided by learned trial Court after giving due opportunity to both the parties to adduce evidence in support of their version. 7. Submission of learned Advocate appearing on behalf of petitioner that investigation is complete and injured Onkar Chand stood discharged from hospital and on this ground bail application be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. 7. Submission of learned Advocate appearing on behalf of petitioner that investigation is complete and injured Onkar Chand stood discharged from hospital and on this ground bail application be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) Larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration). Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. It was held in case reported in 2012 Criminal Law Journal 702 titled Sanjay Chandra vs. Central Bureau of Investigation (Apex Court) that object of bail is to secure the appearance of the accused person at his trial. It was held that grant of bail is the rule and committal to jail is exceptional. It was held that refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution. In the present case injured Onkar Chand already stood discharged from the hospital and criminal trial will be concluded in due course of time Court is of the opinion that it is expedient in the ends of justice to release the petitioner on bail. Court is also of the opinion that if the petitioner is released on bail at this stage then interest of State and general public will not be adversely affected. 8. Submission of learned Additional Advocate General appearing on behalf of non-petitioner that if petitioner is released on bail at this stage then petitioner will induce and threat the prosecution witnesses and will also commit similar offence and on this ground bail application be rejected is devoid of any force for the reasons hereinafter mentioned. Conditional bail will be granted to petitioner and condition will be imposed in bail order that petitioner will not induce and threat the prosecution witnesses. Conditional bail will be granted to petitioner and condition will be imposed in bail order that petitioner will not induce and threat the prosecution witnesses. Court is of the opinion that if petitioner will flout the terms and conditions of bail order at later stage then prosecution will be at liberty to file application for cancellation of bail order in accordance with law as provided under Section 439 (2) Code of Criminal Procedure. Court is of the opinion that it is not expedient in the ends of justice to keep petitioner in judicial custody because investigation is complete and trial will be concluded in due course of time. In view of the above stated facts point No.1 is answered in affirmative. Point No. 2 (Final Order): 9. In view of findings upon point No.1 bail application filed by petitioner under Section 439 Cr.P.C. is allowed and it is ordered that petitioner will be released on bail subject to furnishing personal bond to the tune of Rs. 1 lac with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That petitioner will join the proceedings of learned trial Court regularly till conclusion of trial in accordance with law. (ii) That petitioner will join investigation whenever and wherever directed to do so. (iii) That petitioner will not directly or indirectly 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 to any police officer. (iv) That petitioner will not leave India without the prior permission of the Court. (v) That petitioner will not commit similar offence qua which he is accused. Petitioner will be released only if he is not required in any other criminal case. Bail application filed under Section 439 Cr.P.C. stands disposed of. Observations made in this order will not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application (s) if any also disposed of.