Deepak Verma vs State Of H.P

Vivek Singh Thakur, J

This petition has been filed seeking interim bail for a period of 14 days on two grounds i.e. petitioner as well as his mother Besru Devi have availed loan from Financial Institutions and during detention of petitioner in jail, he and his mother have been declared defaulters and the said Financial Institutions/Banks have initiated the process for disposing of property mortgaged against the loan for recovery of loan and further that his mother has also been advised to undergo surgery for multiple stones in gallbladder and kidney.

It is submitted on behalf of petitioner that within 14 days, the petitioner would be able to arrange the funds for clearance of loan by selling his property or otherwise by arranging finance from his nears, dears and relatives and further he would be managing the treatment of his ailing mother as his wife is a simpleton housewife and is not able to manage the aforesaid affairs in absence of petitioner.

Respondent/State was directed to verify the veracity of submissions made on behalf of petitioner and in response thereto, status report has been filed wherein it is stated that on verification, it has been found that petitioner as well as his mother have availed loan from the banks and for want of re-payment thereof, banks have issued notices to the petitioner as well as his mother and Branch Manager of H.P. State Cooperative Bank has also sent the case of loan to District Office for further action and the fact that his mother has been advised surgery for multiple stones in gallbladder and left kidney has also been found correct on the basis of inquiry from Dr.V.S. Negi, Negi Clinic, Theog. However, it is also apprehended in report that in case of enlarging the petitioner on bail, he may threaten or influence the witnesses and may repeat the commission of offence of same nature. It is further stated in report that next date for recording the evidence of witnesses in the trial Court has been fixed as 25th May, 2021.

Considering the entire facts and circumstances of case, petitioner is directed to be enlarged on interim bail upto 30th April, 2021 on furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of trial Court on or before 9th April, 2021 specifically undertaking therein to surrender before the Jail Superintendent, Model Central Jail, Kanda on 1st May, 2021 before 2 PM and also subject to condition that petitioner shall not be granted further time for aforesaid purposes for which he is being enlarged on interim bail vide this order and also subject to following conditions:-

That the petitioner shall not leave the local limits of District Shimla and in case, he has to leave the jurisdiction of District Shimla for the purpose of treatment of his mother, he shall not do so without permission of SHO/Incharge of concerned Police Station at relevant time.

That the petitioner shall not tamper with prosecution evidence or, in any manner, try to overawe or influence the prosecution witnesses;

That petitioner shall not jump over the bail and shall inform, in writing, regarding address, land line number and/or mobile number, if any, in advance, to concerned Police Station.

That the petitioner shall make himself available during trial on each and every date as and when required;

That the petitioner 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 Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

That petitioner shall not obstruct the smooth progress of the trial.

That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.

That petitioner shall not misuse his liberty in any manner.

That the petitioner shall surrender before the Jail Superintendent, Model Central jail, Kanda on 1st May, 2021 before 2 PM.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013.

8 Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

Petition stands disposed of.

Dasti copy on usual terms.