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2016 DIGILAW 99 (HP)

Pankaj Sharma v. State of Himachal Pradesh

2016-02-19

RAJIV SHARMA

body2016
JUDGMENT : Rajiv Sharma, J. 1. These applications are instituted under Section 439 of the Code of Criminal Procedure for the grant of bail in case FIR No.86/2015, dated 15.10.2015, for offences punishable under Sections 302, 147, 148, 149, 323, 325, 382, 411, 212 and 120-B of IPC, registered at Police Station, Pachhad, District Sirmaur, 2. The report furnished by the respondent-State is perused. 3. According to the averments made in the petitions, petitioners have been falsely implicated. 4. The investigation in the case is complete. The petitioners are permanent residents of the places mentioned in the petitions and there are no chances of their jumping the bail. 5. Accordingly, the petitions are allowed and the petitioners, who have been arrested in connection with case FIR No.86/2015, dated 15.10.2015, registered at Police Station, Pachhad, District Sirmaur, under Sections 302, 147, 148, 149, 323, 325, 382, 411, 212 and 120-B of IPC, are ordered to be released on bail on their furnishing personal bonds in the sum of Rs.20,000/- each with one surety each in the like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, with the following conditions:- (a) They shall make themselves available for the purpose of Interrogation if so required, and 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) They shall not 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; (c) They shall not leave the territory of India without the prior permission of the Court. 6. It is clarified that if the petitioners misuse their liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. 7. Any observation made here in above shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of these applications alone. 8. The petitions stand accordingly disposed of.