Shri Sukh Ram vs State Of Himachal Pradesh
2023 Latest Caselaw 5478 HP

                                                        1


       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                Cr. MP(M) No. 1045 of 2023

                           Date of Decision: 10.05.2023
______________________________________________________________




                                                                                          .
Shri Sukh Ram                                 ....Petitioner.





                              Vs.

State of Himachal Pradesh                                                      .....Respondent.





Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1





For the petitioner:                             Mr. Jagan Nath, Advocate.

For the respondent:            M/s Jitender Sharma, Tejesvi Sharma,
                               Pushpender Jaswal and Baldev Negi,

                               Additional Advocate Generals, with Mr.
                               Gautam Sood, Deputy Advocate General.

_______________________________________________________________
Ajay Mohan Goel, Judge (Oral):

Status report filed, which is perused and ordered to be taken

on record.

2. On instructions, learned Additional Advocate General

submits that though the petitioner has joined the investigation as and when

directed by the Investigating Officer, however, as per him, grant of bail is not

warranted in the facts of the case.

3. I have heard learned counsel for the parties and also gone

through the status report.

4. It is not in dispute that after the grant of bail, the petitioner

has duly participated in the course of investigation and has not created any

hindrance in the same. It is further not the allegation of the prosecution that in the

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

interregnum, post grant of interim bail, the petitioner has either tried to influence

any witness or has created any other impediment in the course of investigation.

5. In view of the above, this petition is allowed and order dated

.

28.04.2023, passed in case FIR No. 31 of 2023, dated 26.04.2023, registered

under Sections 18-61-85 of the Narcotic Drugs & Psychotropic Substances Act at

Police Station Chopal, District Shimla, 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 nor 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 from 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."

6. It is clarified that 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.

Downloaded copy of this judgment is valid for compliance.

                                                           (Ajay Mohan Goel)
                                                               Judge
May 10, 2023
     (bhupender)




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