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2018 DIGILAW 1907 (HP)

Kishori Lal v. State Of H P

2018-11-01

VIVEK SINGH THAKUR

body2018
JUDGMENT Vivek Singh Thakur, J. - Petitioners are accused in case FIR No. 84 of 2018, dated 13th May, 2018, registered in Police Station Karsog, District Mandi, H.P. under Sections 354, 323, 325, 427, 379, 506 read with Section 34 of the Indian Penal Code. 2. From the evidence collected by the police, it appears that the alleged incident had taken place after construction of a shed by the husband of complainant for parking his vehicle, which has allegedly been demolished and removed from the spot by petitioners and during that act they have quarreled with complainant and insulted by tearing her clothes and also beaten her with fist blows. 3. On the basis of the injury received by the complainant, as noticed by the Medical Officer in her examination, grievous injury on the foot of the complainant has been found. 4. On the last date of hearing on 12th October, 2018, it was pointed out by the investigating officer that petitioners are not co operating the investigating agency, whereafter matter was adjourned for today. AS per status report filed today, petitioners have been interrogated, but they are not telling anything about the tin sheets and wooden logs removed by them from the spot and on this ground, a prayer has been made for rejecting the interim bail granted to the petitioners. 5. Otherwise, investigation is stated to be almost complete and challan is pending for want of recovery of tin sheets and wooden logs. 6. It is also reported in the status report that on the basis of a complaint filed by Kishori Lal against the complainant, her husband, son and daughter-in-law, a case FIR No. 85 of 2018, dated 13th May, 2018 has also been registered under Sections 452, 323, 324, 506, 427 read with Section 34 of the Indian Pena Code, who have been enlarged on bail. 7. Keeping in view the entire facts and circumstances, I feel that no fruitful purpose shall be served in sending the petitioners behind the bars. 8. 7. Keeping in view the entire facts and circumstances, I feel that no fruitful purpose shall be served in sending the petitioners behind the bars. 8. Without commenting upon the merits of the allegations and the evidence available on the record, in view of the aforesaid facts and circumstances, interim bail granted in favour of the petitioners vide order, dated 24th August, 2018 is confirmed and they are ordered to be enlarged on bail in case FIR No. 84 of 2018 registered under Sections 354, 323, 325, 427, 379, 506 read with Section 34 of the Indian Penal Code at Police Station Dhalli, District Shimla, Himachal Pradesh subject to their furnishing personal bonds in the sum of 50,000/ each ? with one surety each in the like amount, to the satisfaction of Arresting Officer, if not already furnished. 9. Petitioners shall further abide by the following conditions: (i) That the petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required; (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) That they shall not obstruct the smooth progress of the investigation/trial; (iv) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected; (v) That the petitioners shall not misuse their liberty in any manner; (vi) That the petitioners shall not jump over the bail. 10. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice. 11. In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 12. 11. In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 12. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and will strictly confine for the disposal of these bail applications filed under Section 438 CrPC. 13. Petitions stand disposed of in aforesaid terms. Copy dasti.