Mata Dass vs State Of H.P
2021 Latest Caselaw 1974 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH
                          SHIMLA
                               Cr.MP(M) No. 1964 of 2020




                                                                                .
                                                  Decided on : 10.3.2021





    Mata Dass                                                                 .....Petitioner
                                         Versus





    State of H.P.                                                              ....Respondent.
    Coram:





    The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
    Whether approved for reporting?1
    For the petitioner:                           Mr. Satyen Vaidya, Sr. Advocate with Mr.
                           r                      Vivek Sharma, Advocate.

    For the respondent:                           Mr. Ashwani Sharma &                             Mr.
                                                  Narender Guleria, Addl. A.Gs.

    Sureshwar Thakur, J (oral)

The bail­petitioner is facing charges, for,

commission of offence(s) punishable under Section 302, and,

Section 201 read with Section 34 of the IPC, hence, registered

at Police Station, Jawali, District Kangra, H.P.

2. Status report is placed, before this Court, by the

learned Additional Advocate General, and, perusal thereof

discloses, that a fully operational sawing machine, is, in the

name of the bail­applicant Mata Dass, and, that it is being

managed by his son Aakarshit, and, by his mother Shakuntla.

However, the mother of the petitioner is aged about 76 years,

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

and, his son is aged about 18 years, hence both, are, not fully

capacitated to efficiently run the sawing machine. Furthermore,

.

since there is also landed property in the name of the bail­

applicant, and, crops are sown thereon, yet, even with respect to

efficient management(s) thereof, only both afore are available,

and, thereupons qua management(s) thereof, by the afore, also

the afore handicaps do surge, whereupon for ensuring the

efficient management thereof, the strived indulgence is grantable.

Consequently, the prayer made before this Court by the learned

counsel for the petitioner, that Mata Dass, bail­applicant be

released on bail, only for six weeks, for ensuring, his making

management(s), for, operation, of, his sawing machine and, of,

his landed property, is accepted. Accordingly, the bail petitioner

is ordered to be released, from, judicial custody only for six

weeks, subject to compliance, by him, with the following

conditions:

i) That he shall furnish personal and two surety bonds in

the sum of Rs. 50,000/­, each to the satisfaction of the

learned trial Court concerned.

ii) That he shall join the investigation, as and when

required by the Investigating agency.

iii) 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 from disclosing such facts to the Court or to the

Police.

iv) That he shall not leave India without the prior

permission of the Court.

v) That he shall deposit his passport, if any, with the

Police Station, concerned.

vi) That in case of violation of any of the conditions, the

bail granted to the bail applicant shall be forfeited and

he shall be liable to be taken into custody.

(vii) That upon his re­indulging in criminal activities, it

shall be open to the respondent, to move this Court for

cancellation of bail.

4. Any observation made herein above, shall not be,

taken an expression or opinion, on the merits of the case, and,

the trial Court shall decide the matter uninfluenced, by any

observation, made herein above.

Dasti copy.

(Sureshwar Thakur) Judge 10th March, 2021 (kck)