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2018 DIGILAW 1097 (HP)

Hira Lal v. State Of Himachal Pradesh

2018-06-14

TARLOK SINGH CHAUHAN

body2018
JUDGMENT Tarlok Singh Chauhan, J —The petitioner has sought regular bail in case FIR No.53/2017 dated 17.04.2017, registered at Police Station, Gohar, District Mandi, H.P., under Sections 307 and 326 of IPC. 2. The respondents have filed the status report and have also produced the records of the investigation. 3. From the records, it appears that the petitioner and complainant are not only known to each other, but appears to be close friends. On 16.04.2017, the petitioner invited the complainant to his house. On such invitation, the complainant went to the house of the petitioner, where they both consumed liquor and it is alleged that after taking dinner when the complainant left the house of the petitioner, he threw petrol on the complainant and thereafter lit a match stick, as a result whereof, the complainant sustained burn injuries, hence, this FIR. 4. Further perusal of the records suggests that it was the petitioner, who arranged medical help for the complainant. It is also revealed that the only ground for rejection of the bail application moved by the petitioner before the learned Additional Sessions Judge-1, Mandi, District Mandi, H.P. Camp at Sundernagar, was that there was likelihood of his tampering, hampering and terrorizing the prosecution witnesses. Though, this application was instituted immediately after the alleged incident and rejected on 22.05.2017, however, thereafter many developments have taken place inasmuch as the statements of two material witnesses stand recorded. Moreover, there is no cogent and convincing material placed on record which may even remotely suggest that in the event of petitioner being released on bail, he may tinker with the prosecution evidence. 5. The important facet of criminal jurisprudence is that the grant of bail is a general rule and putting a person in jail or imprison is an exception. Another fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. Admittedly, the petitioner is in custody since 17.04.2017. 6. Therefore, taking into account the cumulative facts and circumstances of the case, I find this to be a fit case where discretion for grant of bail ought to be exercised. 7. Admittedly, the petitioner is in custody since 17.04.2017. 6. Therefore, taking into account the cumulative facts and circumstances of the case, I find this to be a fit case where discretion for grant of bail ought to be exercised. 7. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No.53/2017 dated 17.04.2017, registered at Police Station, Gohar, District Mandi, H.P., under Sections 307 and 326 of IPC, on his furnishing personal bond in the sum of Rs.50, 000/- with one surety of the like amount to the satisfaction of Judicial Magistrate Ist Class, Chachiot at Gohar, District Mandi, H.P. 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. Learned Judicial Magistrate Ist Class, Chachiot at Gohar, 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. 8. 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. Copy Dasti.