Citation : 2021 Latest Caselaw 2260 HP
Judgement Date : 18 March, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P. (M) No. 471 of 2021
Date of decision: 18.3.2021
.
Sahil Rampal. ...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: Ms.Shruti Pundiar, Advocate, vice
r Mr.Manohar Lal Sharma, Advocate.
For the Respondent: Mr.Gaurav Sharma, Deputy Advocate
General.
SI Dhiraj Singh, Police Station Nalagarh,
present in person along with record.
Vivek Singh Thakur, Judge (oral)
Status report stands filed, wherein it is stated that
petitioner has joined investigation and nothing is required to be
recovered from him. Investigation is almost complete and his custodial
interrogation is not warranted at this stage.
2. Considering the contents of status report as well as
submissions of both sides, petitioner is directed to be enlarged on bail
in case FIR No. 64 of 2021, dated 27.2.2021, registered under Section
3(1)(r)(y) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 read with Section 34 of the Indian Penal Code,
in Police Station Nalagarh, District Solan, H.P., subject to his furnishing
personal bond in the um of `50,000/- with one surety in the like amount
to the satisfaction of trial Court within two weeks from today and also
subject to the following conditions:-
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
(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 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)
(v)
that he shall not commit the offence similar to the offence to which he is accused or suspected;
that he shall not misuse his 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 his
availability to Police and/or during trial;
(viii) he shall not leave India without permission of the Court.
3. 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.
4. 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.
5. 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.
6. 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.
.
7. 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.
Dasti copy on usual terms.
(Vivek Singh Thakur),
18th March, 2021 Judge.
(Keshav)
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