Devinder Singh vs State Of H.P
2024 Latest Caselaw 11366 HP

Himachal Pradesh High Court

Devinder Singh vs State Of H.P on 8 August, 2024

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                              Cr.MP (M) No. 1478 of 2024
                                              Date of Decision: 08.08.2024




                                                                                   .
    Devinder Singh                                                                ...Petitioner





                                           Versus
    State of H.P.                                                                ....Respondent





    Coram
    Hon'ble Mr. Justice Rakesh Kainthla, Judge.
    Whether approved for reporting?1 No.





    For the petitioner                :         M/s B.L. Soni, Nitin Soni and Sunil
                                                Dutt Gautam, Advocates.

    For the respondent                :         Mr. Prashant Sen, Deputy Advocate

                                                General.

    Rakesh Kainthla, Judge (oral)

It has been submitted on behalf of the petitioner that

the petitioner has been transferred and suspended, therefore, he

is not in a position to influence the investigation or intimidate

the witnesses. This fact is not disputed by learned Deputy

Advocate General, for the State.

2. Keeping in view the nature of allegations and the fact

that the petitioner has been shifted to another school and is not

in a position to intimidate the witnesses or influence the

investigation, the order dated 9.7.2024 is made absolute,

however, on the following conditions:

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

(i) The petitioner shall join the investigation as and when directed to do so.

(ii) The petitioner will attend the trial on each and every date of hearing and if he is unable to do so, he will seek an exemption from the court by filing an

.

appropriate application,

(iii) The petitioner will not intimidate the witnesses nor will he influence any evidence in any manner

whatsoever,

(iv) The petitioner shall not seek unnecessary adjournments and do any other act to hamper the progress of the trial.

(v) The petitioner will not leave the present address for a continuous period of seven days without furnishing the address of the intended visit to the SHO of concerned Police Station and the Court.

(vi) The petitioner will furnish his mobile number, and social media contact to the Police and the Court and will abide by the summons/notices received from the Police/Court through SMS/WhatsApp/Social Media Account. In case of any change in the mobile

number or social media accounts, the same will be intimated to the Police/Court within five days from the date of the change.

3. It is clarified that if the petitioner misuses the liberty

or violates any of the conditions imposed upon him, the

investigating agency shall be free to move this Court for

cancellation of the bail. The petition stands accordingly

disposed of, so also the pending miscellaneous applications, if

any.

(Rakesh Kainthla) Judge 8th August, 2024 (Chander)