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2017 DIGILAW 66 (HP)

Shakil Mohamad v. State Of Himachal Pradesh

2017-01-13

TARLOK SINGH CHAUHAN

body2017
JUDGMENT Tarlok Singh Chauhan, J. (Oral) - The petitioners have sought regular bail in case FIR No. 79 of 2016 dated 5.7.2016 registered at Police Station BSL Colony, Sundernagar, District Mandi, H.P. under Sections 302, 324, 341, 323, 504, 147, 149, 120-B, 212, 420, 467, 468 and 471 IPC. 2. Respondents have produced the records of the investigation and have filed the status report. 3. The allegation of the prosecution as emerges from the records are that on 4.7.2016 the informant Sh. Ajay Kumar at about 10.p.m. is alleged to have closed the gate installed on Lohar Bowli road in order to prevent the stray animals from entering his land. In the meanwhile, four persons are alleged to have come on scooter and motorcycle and unbolted the gate. This led to some verbal duets and lateron four persons came along with other persons and are alleged to have given beatings to the deceased and Ajay Kumar. It is alleged that the deceased subsequently succumbed to these injuries. 4. A perusal of the records indicates that the allegations against the petitioners cannot be taken on their face value and have to be taken with a pinch of salt. Evidently, the names of the petitioners do not find mention in the FIR in question and it is only lateron that they have been arraigned as accused. That apart, even in the MLC of the deceased which was conducted on 7.7.2016, it has been clearly stated that the injuries sustained by him were on account of fall. 5. In such circumstances, without making any further comments lest it prejudices the case of either of the parties, more particularly the prosecution, I feel this is a fit case where the discretion of bail ought to be exercised. 6. Accordingly, both the petitions are allowed and the petitioners are ordered to be released on bail in case FIR No. 79 of 2016 dated 5.7.2016 registered at Police Station BSL Colony, Sundernagar, District Mandi, H.P. under Sections 302, 324, 341, 323, 504, 147, 149, 120-B, 212, 420, 467, 468 and 471 IPC, on their furnishing personal bonds in the sum of Rs. 1,00,000/- each with one surety each of the like amount to the satisfaction of the Judicial Magistrate 1st Class, Sundernagar, District Mandi, H.P. with the following conditions: (i) The petitioners 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. (ii) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (iii) 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; and (iv) They shall not leave the territory of India without prior permission of the Court. Learned Judicial Magistrate 1st Class, Sundernagar, District Mandi, H.P. 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. 7. 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.