IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
.
Cr.M.P(M) No. 941 and 942
of 2018
Decided on : 6.8.2018
1. Cr.M.P(M) No. 941 of 2018
Jaiky …Petitioner.
Versus
State of Himachal Pradesh
r ….Respondent.
2. Cr.M.P(M) No. 942 of 2018
Sumit …Petitioner.
Versus
State of Himachal Pradesh ….Respondent.
Coram:
The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the Petitioner(s): Mr. Abhinandan Thakur, Advocate,
vice Mr. Rohit Benal, Advocate.
For the Respondent: Mr. Hemant Vaid, Additional
Advocate General with Mr. Vikrant
Chandel, Deputy Advocate General.
Sureshwar Thakur, J (oral)
Both these petitions arise out of a common FIR,
hence are liable to be disposed, of, by a common order.
1
Whether reporters of the local papers may be allowed to see the judgment?
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…2…
2. The instant petition has been instituted by the
.
petitioners/bail applicants under Section 439 Cr.P.C, for theirs
being released from judicial custody, wherein they are
extantly lodged, for theirs allegedly committing offences
punishable, under, Sections 363, 366, 120B of Indian Penal
Police Station, Dharampur.
r to
Code, in case FIR No. 60/18 of 22.5.2018, registered with
3. The Investigating Officer, ASI Babu Ram is present
in Court, and, has made a statement before this Court, that
the custody of the minor prosecutrix, extantly stands retrieved
to her parents. The investigating Officer has also made a
statement before this Court, that the apt investigation(s) into
the offences allegedly committed by the petitioners/bail
applicants, is, complete, and, a report under Section 173
Cr.P.C, has been filed before the learned Committal Court.
4. Bearing in mind the aforerendered statement of
the Investigating Officer concerned, moreover, when also at
this stage, no material, has been placed on record, by the
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…3…
prosecution, demonstrating that in the event of bail being
.
granted to the petitioners/bail applicants, there being every
likelihood of theirs fleeing from justice or tampering with
prosecution evidence, thereupon this Court is constrained to
afford, the facility of bail in favour of the petitioners/bail
applicants. Accordingly, the petitioners/bail applicants are
ordered to be released from judicial custody, subject to
compliance by them with the following conditions::
1. That they shall furnish personal and surety
bonds in the sum of Rs.1,00,000/each, to the
satisfaction of Chief Judicial Magistrate, Solan.
2. That they shall join the investigation, as and
when required by the Investigating agency.
3. That they 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 from disclosing such facts to the
Court or to the Police.
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…4…
4. That they shall not leave India without the
.
prior permission of the Court.
5. That they shall deposit their passports, if any,
with the Police Station, concerned.
6. That in case of violation of any of the
conditions, the bail granted to the bail applicants
shall be forfeited and they shall be liable to be
taken into custody.
5. Any observation made herein above shall not be
taken as an expression of opinion on the merits of the case and
the trial Court shall decide the matter uninfluenced by any
observation made herein above.
Copy dasti.
6th August, 2018. ( Sureshwar Thakur ),
(priti) Judge.
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