Himachal Pradesh High Court
Kahan Chand vs State Of Hp on 1 April, 2022
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
ON THE 1st DAY OF APRIL, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 609 of
2022
Between:
KAHAN CHAND, S/O LATE SH.
ROOP CHAND, RESIDENT OF
VILLAGE NAVI, POST OFFICE
AND TEHSIL KARSOG, DISTRICT
MANDI, H.P.
....PETITIONER.
(BY M/S RAJEEV SHARMA & BHEEM SINGH, ADVOCATES)
AND
STATE OF HP.
....RESPONDENT.
(BY M/S DINESH THAKUR, SANJEEV SOOD AND SUMESH
RAJ, ADDITIONAL ADVOCATE GENERALS WITH MR. SUNNY
DATWALIA, ASSISTANT ADVOCATE GENERAL)
HC DURGA DASS, NO. 86, IO, PS KARSOG, DISTRICT MANDI,
HP, PRESENT IN PERSON.
Whether approved for reporting?1
This petition coming on for orders this day, the Court
passed the following:
1
::: Downloaded on - 01/04/2022 20:12:10 :::CIS
2
JUDGMENT
Petitioner in this case has approached in Court for the
.
purpose of grant of anticipatory bail, in FIR No. 33/2022, dated
02.03.2022, registered under Sections 354, 354-A and 506 of
Indian Penal Code, at Police Station Karsog, District Mandi, H.P.
He was granted anticipatory bail, vide order dated 22.03.2022,
passed by this Court.
2.
Learned counsel for the petitioner submits that
petitioner has post grant of anticipatory bail duly joined the
investigation.
3. Learned Additional Advocate General, on instructions,
submits that the petitioner has duly joined the investigation and
as of now no recovery etc. is to be effected from him.
4. Taking into consideration these facts, this petition is
allowed and order dated 22.03.2022, passed in FIR No. 33/2022,
dated 02.03.2022, registered under Sections 354, 354-A and 506
of Indian Penal Code, at Police Station Karsog, District Mandi,
H.P., is made absolute, subject to the following conditions:-
i) Petitioner shall furnish personal bond in the sum
of Rs. 10,000/- with one surety in the like
amount to the satisfaction of learned Trial Court,
within a period of two weeks from today.
ii) He shall make himself available for the purpose
of interrogation, if so required and regularly
attend the Trial Court on each and every date of
hearing and if prevented by any reason to do so,
seek exemption from appearance by filing
appropriate application;
iii) He shall not tamper with the prosecution
evidence not hamper the investigation of the case
in any manner whatsoever.
iv) He shall not make any inducement, threat or
promise to any person acquainted with the facts
.
of the case so as to dissuade him/her disclosing
such facts to the Court or the Police Officer; and
v) He shall not leave the territory of India without
prior permission of the Court.
5. It is clarified that the findings which have been
returned by this Court while deciding this petition are only for the
purpose of adjudication of the present bail application and learned
Trial Court shall not be influenced by any of the findings so
returned by this Court in the adjudication of this petition during
the trial of the case. It is further clarified that in case the
petitioner does not comply with the conditions which have been
imposed upon him while granting the present bail, the State shall
be at liberty to approach this Court for the cancellation of the bail.
The petition stands disposed of in the above terms.
There would no need for a certified copy of this order
for furnishing bail bonds, and any Advocate, for the petitioner can
download this order alongwith case status from the official web
page of this Court and attest it to be a true copy. In case the
attesting person wants to verify the authenticity, such an officer
can also verify its authenticity, and may download and use the
downloaded document for attesting bonds.
(Ajay Mohan Goel)
Judge
April 01, 2022
(vinod/chander)
