Himachal Pradesh High Court
Surinder @ Chandi @ Bira vs State Of Himachal Pradesh on 7 January, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P. (M) Nos. 2298 of 2020
.
Date of decision: 07.01.2021
Surinder @ Chandi @ Bira ...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: Mr.Gobind Korla, Advocate, through
Video Conferencing.
For the Respondent: Mr.Desh Raj Thakur, Additional Advocate
General, through Video Conferencing.
Vivek Singh Thakur, Judge (oral)
Status report stands filed, wherein details of circumstances
in which case has been registered against the petitioner and he has
been arrayed as accused in case FIR No. 155 of 2020, dated 7.10.2020,
registered under Sections 21 and 29 of Narcotics Drugs & Psychotropic
Substances Act (for short NDPS Act) and Sections 353, 147, 148, 149
and 427 of the Indian Penal Code in Police Station Damtal, District
Kangra, H.P., has been narrated.
2. As per status report, petitioner has been arrayed as
accused for obstructing the Police personnel from performing their
duties while they had arrested main accused Pardeep Kumar in this case
under NDPS Act.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
3. It is the case of the prosecution that petitioner along with
others, including one Rahul had tried to free Pardeep Kumar from the
custody of Police illegally and unauthorisedly. As per status report,
.
petitioner and others had also broken windowpanes of the Police vehicle
and tried to damage the said vehicle and also attacked Police Officials,
whereupon Inspector had waived his service pistol in the air and had
warned to fire, whereupon all the boys including the petitioner had run
from the spot on their Motorcycles and Scooty etc. Thereafter
Pardeep Kumar was taken to Police Station and for the act committed
by Rahul and others including petitioner they were also arrayed as
accused and Sections 353, 147, 148, 149 and 427 IPC were incorporated
in the case. In the aforesaid circumstances, prayer for rejection of bail
application has been made in the status report.
4. It is submitted by learned counsel for the petitioner that
main accused Pardeep Kumar from whom recovery of contraband has
been claimed by the Police has been released on bail and not only this
but Rahul, who has allegedly committed the offence along with the
petitioner and others has also been released on bail by learned Special
Judge Kangra at Dharamshala vide his order dated 26.11.2020 and,
therefore, petitioner is also entitled for bail. He has also placed copy of
order dated 26.11.2020 passed by learned Special Judge, on record.
5. It is further submitted by learned counsel for the petitioner
that petitioner is ready to furnish local surety also and he undertakes to
abide by any conditions as deemed fit to be imposed by the Court in
case of his enlargement on bail.
6. Learned counsel for the petitioner further submits that
petitioner had voluntarily surrendered in the Police Station on 8.10.2020
and was taken into custody and since then he is in custody and at
.
present he is in judicial custody. Co-accused, alleged to have committed
offence of the same degree, also stands released by learned Sessions
Judge/Special Judge on bail.
7. In the aforesaid circumstances, I find that no fruitful
purpose is going to be served by keeping the petitioner behind the bars
at this stage. Accordingly, petitioner is ordered to be released on bail in
case FIR No. 155 of 2020, dated 7.10.2020, registered in Police Station
Damtal, District Kangra, H.P. on his furnishing personal bond in the sum
of Rs. 50,000/- with one local surety, as undertaken, in the like amount
to the satisfaction of trial Court within two weeks, upon such further
conditions as may be 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 he shall make himself available to the police or
any other Investigating Agency or Court in the present
case as and when required;
(ii) that he 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 he shall not commit the offence similar to the
offence to which he is accused or suspected;
(v) that he shall not misuse their liberty in any manner;
(vi) that he 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 their availability to Police and/or during trial;
(viii) that he shall not leave India without permission of the
Court.
8. 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 petitioner as it may
deem necessary in the interest of justice.
9. In case the petitioner violates 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.
10. 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.
11. 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.
12. 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),
07th
January, 2021 Judge.
(ms)
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