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Himachal Pradesh High Court · body

2016 DIGILAW 90 (HP)

LOKINDER @ DIMPLE v. STATE OF HIMACHAL PRADESH

2016-01-08

TARLOK SINGH CHAUHAN

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JUDGMENT : TARLOK SINGH CHAUHAN, J. 1. All the petitioners are accused in case FIR No.14/2015, registered at Police Station, Chopal, District Shimla, on 12.03.2015, under Sections 302, 147, 148, 149, 452, 364, 436, 354, 323, 325 and 506 of the Indian Penal Code and have sought bail on the ground of parity with the other co-accused who have already been ordered to be released on bail by this Court from time to time. 2. It would be noticed that insofar as the petitioner in Cr.M.P.(M) No. 1917 of 2015 is concerned, no overt act is attributed to him which may be more grave or serious to the accused already released on bail vide orders passed in Cr.M.P.(M) No.941 of 2015 decided on 29.07.2015, Cr.M.P.(M) No. 1187 of 2015 decided on 13.08.2015 and Cr.M.P.(M) No.1256 of 2015 decided on 28.08.2015. 3. Similarly, insofar as the petitioner in Cr.M.P.(M) No.1919 of 2015 is concerned, his role is not again different from the petitioners already released on bail in the above mentioned cases. 4. Lastly, insofar as the petitioner in Cr.M.P.(M) No.1918 of 2015 is concerned, the overt act attributed to him is that he hit the complainant on her face with the stone. That at best can be termed to be an offence regarding grievous hurt and is not punishable with death or life imprisonment. Moreover, the other co-accused herein above have already been ordered to be released on bail. Once, it is established that the cases of the petitioners are similar to those of the co-accused already released on bail, then they cannot be discriminated and are entitled to bail on the basis of parity alone and for the reasons already set out in the orders passed in earlier bail applications. 5. Accordingly, the petitions are allowed and the petitioners are ordered to be released on bail in case FIR No.14/2015, registered at Police Station, Chopal, District Shimla, on 12.03.2015, under Sections 302, 147, 148, 149, 452, 364, 436, 354, 323, 325 and 506 of the Indian Penal Code, subject to the following conditions :- (i) That the petitioner(s) shall furnish bail bonds in the sum of Rs. 1,00,000/- each with one surety each of the like amount to the satisfaction of any Judicial Magistrate 1st Class, stationed at Shimla, District Shimla, H.P. (ii) That the petitioner(s) shall fully co-operate with the investigation as and when required by the Investigating Agency. (iii) That the petitioner(s) shall 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 the Police Officer. (iv) That the petitioner(s) shall not tamper with the prosecution evidence or threaten the witnesses. (v) That the petitioner(s) shall not misuse their liberty in any manner. (vi) That in case any of the above condition is violated, the bail granted hereby is liable to be cancelled for which the Investigating Officer may move an application before this Court. The learned Judicial Magistrate 1st Class, Shimla, is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc.Instructions/93-IV.7139 dated 18.03.2013. 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. A copy of this judgment be placed on the files of other matters. 7. All petitions stand disposed of.