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2018 DIGILAW 700 (HP)

Surinder Singh v. State Of Himachal Pradesh

2018-04-20

AJAY MOHAN GOEL

body2018
JUDGMENT Ajay Mohan Goel, J —By way of this petition filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ''Cr.P.C'') , the petitioner has prayed for grant of bail in case FIR No. 02/2018, dated 03.01.2018, registered under Sections 307, 341, 323, 147, 148, 149 & 506 of the Indian Penal Code (hereinafter referred to as ''IPC'') at Police Station Barotiwala, Distt. Solan. 2. Alongwith the petition, a compromise having been entered into between the complainant/victim and the accused has also been filed, perusal of which demonstrates that the matter, which has resulted in the registration of the FIR, perhaps, stands settled between the parties. 3. Learned Counsel for the petitioner informs this Court that in view of the changed circumstances, the petitioner has also filed a petition under Section 482 of Cr.P.C., i.e. Cr.MMO No. 138/2018, titled as Satpal & others versus State of Himachal Pradesh & others, for quashing of the said FIR, before this Court, in which notice stands already issued by this Court and record has also been called for. He further submits that investigation, otherwise, is also complete and challan has also been filed before the appropriate Court. He further submits that taking into consideration the fact that the FIR, in fact, has resulted out of a brawl, which took place between the parties, which are otherwise closely related to each other, it will be in the interest of justice, in case this petition is allowed and the petitioner is ordered to be released on bail, as now there is no chance of the petitioner of otherwise interfering in the course of investigation, as the same is complete. He alongwith the complainant, has already filed a petition before this Court for quashing of the FIR itself. 4. Mr. Desh Raj, learned Additional Advocate General, has filed latest status report, which is ordered to be taken on record. On instructions, he confirms that the compromise stands entered between the parties and on the basis of the said compromise, the petitioner has also filed a petition under Section 482 of the Cr.P.C., referred to above, for quashing of the said FIR itself. He further submits that investigation is complete in the present case and challan has also been filed before the appropriate Court. 5. He further submits that investigation is complete in the present case and challan has also been filed before the appropriate Court. 5. Taking into consideration the above facts and also the circumstances, under which the FIR stands lodged, this Court is of the considered view that it will be in the interest of justice, in case this petition is allowed and the petitioner is ordered to be released on bail. While holding so, this Court has been persuaded by the fact that the matter, which has resulted in the registration of the said FIR, stands resolved between the complainant/victim and the accused. This Court is further persuaded by the fact that the victim and the accused are otherwise close relatives. 6. In view of above, this petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 02/2018, dated 03.01.2018, registered under Sections 307, 341, 323, 147, 148, 149 & 506 of IPC, at Police Station Barotiwala, Distt. Solan, on his furnishing personal bond to the tune of Rs. 50, 000/- with one surety in the like amount to the satisfaction of learned trial Court subject to the following conditions:- (i) Petitioner shall 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. (iii) He shall not 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 the Court or the Police Officer; and (iv) He shall not leave the territory of India without prior permission of the Court. 7. It is clarified that the findings, which have been returned by this Court while deciding this petition, are only for the purpose of adjudication of the present bail application and learned trial Court shall not, in any manner, be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not comply with the conditions, which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for cancellation of the bail. 8. It is further clarified that in case the petitioner does not comply with the conditions, which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for cancellation of the bail. 8. The petition stands disposed of in the above terms. Copy dasti.