MOHAMMAD vs STATE OF HP CRLPM 2304/22 03/11/22 [ SANDEEP JJ ]

[ HIMACHAL PRADESH HIGH COURT ]

• Section 439 Sections 457, 380, 485, 201 and 120B IPC Regular Bail Theft of Rs. 9.5 lac Allegation against petitioner was only with regard to his having collected money from the accused for depositing to the police Challan already stand filed in the competent court of law and petitioner is behind the bars for more than seven months, it may not be in the interest of justice to curtail the freedom of the bail petitioner for an indefinite period during trial Bail is not to be withheld as a punishment Otherwise also, normal rule is of bail and not jail Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime [Paras 7, 11 and 15]

15. In view of the aforesaid discussion as well as law laid down by the Hon’ble Apex Court, petitioner has carved out a case for grant of bail, accordingly, the petition is allowed and the petitioner is ordered to be enlarged on bail in aforesaid FIR, subject to his furnishing personal bond in the sum of Rs. 5,00,000/- with two local sureties in the like amount to the satisfaction of concerned Chief Judicial Magistrate/trial Court, with following conditions

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;

He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
He shall not make any inducement, threat or promises 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
He shall not leave the territory of India without the prior permission of the Court.

For read the judgment click here

Msg sharif vs STATE OF HIMACHAL PRADESH.

All rights reserved (𝔸𝕕𝕧 Vaibhav Tomar)