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2018 DIGILAW 189 (HP)

Dinesh v. State Of Himachal Pradesh

2018-02-09

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J —Learned counsel for the petitioners, at this stage, seeks permission to withdraw the present petitions qua bail petitioners Aarti and Dinesh with liberty to file afresh and further states that for bail petitioners Sachin and Maya, father and grand-mother of the two minor children, he will argue at this movement taking into consideration the fact that they will only the persons to look after the minors. In view of the statement of the learned counsel for the petitioners, the bail applications qua petitioners Aarti and Dinesh are dismissed as withdrawn with liberty reserved to file afresh in accordance with law. 2. The present bail applications, i.e. Cr.MPs(M) No.112 and 113 of 2018, have been moved by petitioners Sachin and Maya, respectively, under Section 439 of the Code of Criminal Procedure, for releasing them on bail, in case FIR No.35 of 2018, dated 27.01.2018, under Sections 306/34 of the Indian Penal Code, registered at Police Station Sadar, Solan, District Solan, H.P. 3. As per the learned counsel appearing on behalf of both the petitioners, the petitioners are innocent and have been falsely implicated in the present case. They are resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus, they may be released on bail. 4. Police report stands filed. As per prosecution story, when in the morning of 25th January, 2018, the petitioners had gone on their duty, at about 07.30 a.m., the deceased Preeti committed suicide by hanging herself and her two small children started weeping. When the in-laws of the deceased asked her to open the door, the door was not opened. Thereafter, it was found that the deceased has committed suicide by hanging herself with the help of "Chuni" through fan. 5. The learned counsel appearing on behalf of the petitioners has argued that two small children, aged 2 and 3 years, are in miserable condition as their mother had gone to the heaven and the father is behind the bar and in these circumstances, the petitioners Sachin and Maya, being father and grand-mother of the minors, may be released on bail. He has further argued that the petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. 6. He has further argued that the petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. 6. On the other hand, the learned Assistant Advocate General, has argued that taking into consideration the heinousness of the crime, the bail applications of both the petitioners may be dismissed. 7. At this stage, taking into consideration the fact that the petitioners Sachin and Maya are the permanent resident of place and also that the investigation is at an initial stage, they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, this Court finds that taking into consideration the overall facts and circumstances of the case, including the welfare and care of the minor children of the deceased by their father Sachin and grand-mother Maya, the judicial discretion to admit the petitioners on bail, is required to be exercised in favour of the petitioners. Under these circumstances, it is ordered that the petitioners Sachin and Maya be released on bail, on their furnishing personal bonds to the tune of Rs.20, 000/- amount to the satisfaction of the learned Chief Judicial Magistrate/JMIC, Solan. The bail is granted subject to the following conditions: 1. That the petitioners will join investigation of case as and when called for by the Investigating Officer in accordance with law. 2. That the petitioners will not leave India without prior permission of the Court. 3. That the petitioners will 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 Investigating Officer or Court. 8. The petitions stand accordingly disposed of. Copy "Dasti".