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2019 DIGILAW 1083 (HP)

Shishu Pal v. State of Himachal Pradesh

2019-08-02

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. 1. The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 65 of 2019, dated 30.05.2019, under Sections 341, 323, 325 and 307 read with Section 34 IPC, registered in Police Station Rohru, District Shimla, H.P. 2. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail. 3. Police report stands filed. As per the prosecution story, on 30.05.2019, Smt. Sudesh Kumari (complainant) made a statement to the police. She stated in her statement that on 29.05.2019, at about 06:00 p.m. her husband (injured) alongwith one Rameshwar went to Dogri Khud Shalvat Road. Thereafter, one Sharmila telephonically informed her that her husband is present in the house of one Bhud Ram and he has sustained injuries. The complainant has further stated in her statement that when she reached there her husband was bleeding and he divulged that when he alongwith Rameshwar was standing on the road two unknown persons, who, he can identify, thrashed him and fled away. The injured was shifted to CH, Rohru. On the complaint, so made by the complainant, a case was registered and the investigation ensued. The injured was referred to IGMC, Shimla. Police prepared the spot map and also recorded the statements of the witnesses. As per the medical opinion, the injury was opined to be grievous in nature, caused with blunt weapon and was dangerous to life. On 23.06.2019 both the petitioners joined the investigation. Petitioner Shishu Pal made a disclosure statement and identified the place where the occurrence took place and also got recovered a stone, which was used by him for causing injury to the injured. During the course of investigation police also found the involvement of petitioner Prem Singh, as he assisted petitioner Shishu Pal in committing the crime. As per the police, both the petitioners are joining and co-operating in the investigation and nothing is to be recovered from them. During the course of investigation police also found the involvement of petitioner Prem Singh, as he assisted petitioner Shishu Pal in committing the crime. As per the police, both the petitioners are joining and co-operating in the investigation and nothing is to be recovered from them. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were involved in a serious offence and in case they are released on bail, they may tamper with the prosecution evidence and may also flee from justice. 4. I have heard the learned Counsel for the petitioners, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned Counsel for the petitioner has argued that the petitioners are innocent and they are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as they are residents of the place. He has further argued that petitioners are joining and co-operating in the investigation, so they may be released on bail. Conversely, learned Additional Advocate General, has argued that the petitioners were found involved in a serious offence and in case at this stage they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. He has further argued that at this stage the petitioners may not be released on bail and their applications be dismissed. 6. At this stage, considering the facts that now the injured has been discharged from the hospital, the petitioners are joining and co-operating in the investigation, nothing is to be recovered from the petitioners, both the petitioners are residents of the place and are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and considering the overall material, which has come on record, and without discussing the same at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioners on bail, in the event of their arrest, is required to be exercised in their favour. Under these circumstances, it is ordered that the petitioners be released on bail, in the event of their arrest, in case FIR No. 65 of 2019, dated 30.05.2019, under Sections 341, 323, 325 and 307 read with Section 34 IPC, registered in Police Station Rohru, District Shimla, H.P. on their furnishing personal bond to the tune of Rs. 25,000/- (rupees twenty five thousand only) each with one surety each in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioners will join investigation of the case as and when called for by the Investigating Officer in accordance with law. (ii) That the petitioners will not leave India without prior permission of the Court. (iii) 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. 7. In view of the above, the petitions are disposed of.