Himachal Pradesh High Court
Pawan Kumar vs State Of Himachal on 11 October, 2024
Pawan Kumar versus State of Himachal
Pradesh
Criminal Appeal No.402 of 2024
11.10.2024 Present: Dr. Rajesh Kumar Parmar, Advocate, for
the appellant.
Mr. Ankush Thakur, Mr. Manish Thakur
and Mr. Sanjay Dutt Vasudeva, Deputy
Advocates General, for the respondent-
State.
Cr.MP No.4199 of 2024
This is an application under Section 528
of Bharatiya Nagrik Suraksha Sanhita, seeking
exemption from filing translated copies of
Annexures A-1 & A-2, which have been annexed
along with application i.e. Cr.MP No.4198 of 2024.
In the interests of justice, the application
is allowed and exemption as prayed for, is granted.
Application stands disposed of.
Convict, Pawan Kumar, who is
undergoing sentence imposed by the Learned
Additional Sessions Judge, Fast Track Special Court
(Rape/POCSO), Shimla, Himachal Pradesh in
Sessions Trial No.14-S/7 of 2022, vide judgment
dated 30.05.2024, under Section 376 (2) (n) of the
Indian Penal Code, of rigorous imprisonment for a
period of ten years with fine of Rs.20,000/- and in
default of payment of fine to undergo simple
imprisonment against which, Criminal Appeal
No.402 of 2024 is pending adjudication before this
Court, has come up in these proceedings seeking
interim-temporary bail, in view of Chatur Varshik
Shradh, of his father i.e. late Shri Chaman Lal,
which is scheduled for 14th October, 2024, at his
residence located in Ward No.3, Arki, District
Solan, Himachal Pradesh, which is borne out from
Annexure A-1.
2. It is averred in the application that
applicant-appellant would not flee away from justice
in any manner. Learned counsel for the applicant,
Dr. Rajesh Kumar Parmar, further submits that the
applicant, being the elder son has to perform the
rituals and religious obligations. It is in this
background that the applicant-appellant, has
prayed for, interim bail for a period of fourteen days.
3. Upon listing of this application
Mr. Sanjay Dutt Vasudeva, Learned Deputy
Advocate General, waives service of notice on behalf
of respondent-State.
4. Learned State Counsel states that the
prayer in application for interim-temporary bail
for fourteen days on account of Chatur Varshik
Shradh, of deceased father, which is scheduled for
14th October, 2024, appears to be excessive and the
period of fourteen days may be restricted to such
reasonable period as this Court deems fit and
proper.
5. Taking into account the entirety of facts
and circumstances as borne out from the
application and the contentions raised by Learned
Counsel for the applicant-appellant as well as
the Learned State Counsel, this Court is of the
considered view, that even a convict undergoing
sentence has a right of survival and a corresponding
obligation towards his family and society. Denial
or curtailment or deprivation of interim release so
as to enable the applicant-appellant to perform the
religious obligations and rituals which are to be
performed by him, shall defeat the object and intent
of reformation, which is the heart and core of our
criminal justice. Accordingly, the applicant-
appellant has made out a case for interim bail.
6. For aforesaid reasons, the application is
partly allowed, subject to the observance of the
following conditions:-
(i). Respondent-State Authorities, shall send
the applicant-appellant [Pawan Kumar] in
custody to his home from 12th October
2024 till 20th October, 2024, forthwith;
(ii). Interim sending of the bail petitioner
[Pawan Kumar] shall be along with two
police personnels, who shall accompany
the applicant during the period
commencing from 12th October 2024 till
20th October, 2024, on which date he will
be taken back to Model Central Jail,
Kanda, Shimla [Himachal Pradesh], before
3:00 p.m.;
(iii). Petitioner-applicant [Pawan Kumar], shall
neither indulge in the commission nor
shall he abet the commission of any
offence whatsoever; during the period of
interim bail; in which event, the
concession given by virtue of this order
shall automatically stand cancelled;
(iv). The State Authorities, are free to seek
modification of this Order, in case the
circumstances so necessitate/arise
hereinafter.
7. Registry of this Court is directed to
furnish a copy of this Order to Superintendent
(Jail), Model Central Jail, Kanda, Himachal Pradesh
and to Superintendent of Police, Solan [H.P.] and
Station House Officer, Arki, District Solan [H.P.] for
compliance forthwith.
Application stands disposed of.
Criminal Appeal No.402 of 2024
List the main appeal before appropriate
Bench, on 16.10.2024, i.e. the date already fixed.
(Ranjan Sharma)
Judge
(Rakesh Kainthla)
October 11, 2024 Judge
(Shivender)
TARUN
DN: C=IN, O=HIGH COURT OF HIMACHAL
PRADESH, OU=HIGH COURT OF
HIMACHAL PRADESH SHIMLA, Phone=
887aba774dfe8f4f3e95a41c7aa2abacb4ece
e8f82efd8f56ec39f8e6b442b68, PostalCode
MAHAJ
=171001, S=Himachal Pradesh,
SERIALNUMBER=
3ff6ebe501e8d7c8d73d0e5a5294bacca3f19
8d7d66b105bbf507179673109f5, CN=
TARUN MAHAJAN
AN
Reason: I am the author of this document
Location: 12345678
Date: 2024.10.11 15:14:25+05'30'
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