Basant Singh And Others vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Interim protection was granted to the petitioners vide order dated 05.08.2020 in respect of FIR No.150/2020, dated 29.07.2020, registered at Police

Station Sadar, Hamirpur, District Hamirpur, under Section 506, Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘SC & ST Act’).

Heard learned counsel for the parties and perused the status report as well as the record placed on the file.

According to the status report, petitioners Smt. Sandhya Devi (Cr.MP(M) No.1289 of 2020) and Smt. Reena Kumari (Cr.MP(M) No.1291 of

2020), prima facie, were not found involved with the offences alleged against them. It is further reported that all the petitioners have joined the

investigation and are co-operating with the investigating agency.

It appears from the status report that the complainant has some boundary dispute with the petitioners. Record also reflects that the petitioners in

turn have some grievances with respect to non-repairing of sewerage tank by the complainant over his land, inter alia, affecting the property of the

petitioners/accused persons. Petitioners are residents of House No.12, Ward No.11, Village Lalri, Post Office Mohini, Tehsil and District Hamirpur,

H.P. In the given facts, custodial interrogation of the petitioners is not going to advance any cause whatsoever. Therefore, the instant petitions are

allowed and interim order dated 05.08.2020 is made absolute subject to the terms & conditions mentioned therein.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petitions and shall not be construed as an

opinion on the merits of the matter.

The parties/competent authorities shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the

High Court. However, the Registry is directed to send copy of this order to learned counsel for the parties through e-mail subject to furnishing e-mail

addresses by them, if so required. Authenticated copy of the order be supplied by the Secretary to learned counsel for the parties.

With the aforesaid observations, the present petitions stand disposed of, so also the pending miscellaneous applications, if any.