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2018 DIGILAW 1029 (HP)

Lalit Kumar @ Latu v. State of Himachal Pradesh

2018-05-31

TARLOK SINGH CHAUHAN

body2018
JUDGMENT : Tarlok Singh Chauhan, J. The petitioner has sought regular bail in case FIR No. 94/2018, dated 29.04.2018, registered at Police Station, Balh, District Mandi, H.P., under Sections 201, 436, 506, 120-B read with Section 34 of the IPC. 2. Admittedly, the investigation is complete and moreover, the petitioner is in judicial custody. That apart, there is no eye-witness to the incident and, therefore, precise role, if any, of the petitioner would only be established during the course of the regular trial, but then the same cannot be a ground to deny bail to the petitioner because even otherwise, till the time one is convicted, he is presumed to be innocent. Apart from the above, the Hon’ble Supreme Court has deprecated the practice of pretrial custody. 3. Therefore, taking into consideration the entirety of facts and circumstances of the case, the petitioner is ordered to be released on bail in case FIR No. 94/2018, dated 29.04.2018, registered at Police Station, Balh, District Mandi, H.P., under Sections 201, 436, 506, 120-B read with Section 34 IPC, on his furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Judicial Magistrate Ist Class, Mandi, District Mandi, with the following conditions:- (i) He shall make himself 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) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; (iii) He 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) He shall not leave the territory of India without prior permission of the Court. 4. Learned Judicial Magistrate Ist Class, Mandi, District Mandi, 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. 5. Any observation made hereinabove 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 hereinabove. Petition stands disposed of.