Om Parkash vs State Of Himachal Pradesh
2021 Latest Caselaw 122 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                       Cr.M.P. (M) No. 2208 of 2020

                                                       Date of decision: 4.1.2021




                                                                                   .

    Om Parkash.                                                                  ...Petitioner
                              Versus
    State of Himachal Pradesh.                                                   ...Respondent.





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1

    For the Petitioner:
                               r                to
                                          Mr.Y.P. Sood, Advocate, through Video
                                          Conferencing.

                                          Petitioner Om Parkash present in person.

    For the Respondent:                   Mr.Desh Raj Thakur, Additional Advocate
                                          General, through Video Conferencing.



                                          Mr.Raj Kumar, Dy. S.P. of Chopal, present
                                          in person.




                       Vivek Singh Thakur, Judge (oral)

Learned Additional Advocate General, under instructions

received from the officer present, submits that petitioner has joined the

investigation and at this stage, nothing is to be recovered from him and

his custodial interrogation is also not warranted.

2. Parents of the petitioner have already been enlarged on

bail on 30.12.2020.

3. Considering the entire facts and circumstances of the

case, at this stage, petitioner is directed to be released on bail, on

furnishing personal bond in the sum of `50,000/- with one surety in the

like amount to the satisfaction of trial Court/Special Judge, Shimla

within two weeks from today, upon such further conditions as may be

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

deemed fit and proper by the trial Court, including the conditions

enumerated hereinafter, so as to ensure the presence of the petitioner

at the time of trial:-

.

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner 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 him/her from

disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that he shall not obstruct the smooth progress of the

investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse their liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his

availability to Police and/or during trial;

(viii) He shall not leave India without permission of the Court.

4. It will be open to the prosecution to apply for imposing

and/or to the trial Court to impose any other condition on the petitioner

as deemed necessary in the facts and circumstances of the case and in

the interest of justice and thereupon, it will also be open to the trial

Court to impose any other or further condition on the petitioners as it

may deem necessary in the interest of justice.

5. In case the petitioner violate any conditions imposed upon

him, his 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.

6. Learned trial Court 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.

.

7. Observations made in this petition hereinbefore shall not

affect the merits of the case in any manner and are strictly confined for

the disposal of the bail application.

8. The petitioner is permitted to produce copy of order

downloaded from the High Court website and the trial Court shall not

insist for certified copy of the order, however, he may verify the order

from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

                                                      (Vivek Singh Thakur),
     th
    4 January, 2021                                         Judge.
          (Keshav)