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Jagdish Kumar vs State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 20 January 2017 · Citation: (2017) 01 SHI CK 0058

HON’BLE JUDGES
Sandeep Sharma
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-420>Section 420</a>, <a href=1767-468>Section 468</a>, <a href=1767-471>Section 471</a>, <a href=1767-467>Section 467</a>, <a href=1767-419>Section 419</a> - Punishment of criminal conspiracy - Cheating and dishonestly inducing delivery of property - Forgery for purpose of cheating - Using as genuine a forged document - Forgery of valuable security, will, etc - Punishment for cheating by personation
RESULT
Disposed
CASE NUMBER
61 of 2017
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Judgment

8 paragraphs · 349 words
1.

By way of instant petition, the petitioner is seeking anticipatory bail in case FIR No. 312/2016 dated 12.12.2016, under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code, registered at Police Station Sadar, District Mandi, Himachal Pradesh.

2.

Status report filed by the respondent-State is perused. According to the status report, the petitioner has joined investigation as per order dated 11.1.2017. No recovery is required to be effected from the petitioner. The petitioner is a permanent resident of District Mandi. He would always be available to face the trial. Accordingly, the petition is allowed and the ad-interim order dated 11.1.2017 passed in this application is made absolute, subject to following conditions: (a) 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;

(b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) 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

(d) He shall not leave the territory of India without the prior permission of the Court.

3.

However, petitioner is ordered to join the investigation as and when required by the Investigating Officer, on the basis of a written Hukamnama. It is made clear that single default of noncompliance with the written Hukamnama would entail immediate cancellation of bail at the instance of State.

4.

It is also clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail.

5.

Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. Copy dasti.