Jatinder Singh Rana vs State of H.P.

By way of instant petition filed under Section 438 Cr. P.C, prayer has been made on behalf of the bail petitioner for grant of bail in case FIR No. 113 of 2017, dated 11.5.2017 under Section 406 of the Indian Penal Code, registered at Police Station Sadar, District Una, Himachal Pradesh.

Sequel to order dated 15.06.2017, HC Onkar Singh No.26, Police Station, Sadar, District Una, has come present alongwith record of the case. Mr. M.L. Chauhan, learned Additional Advocate General has also placed on record report prepared on the basis of the investigation carried out by the Investigating Agency.

On 12.05.2017, this Court had passed an interim order, whereby it was directed that in the event of arrest, petitioner shall be enlarged on bail, subject to his complying with the conditions imposed therein. The said interim order is in operation till date.

Perusal of the status report as well as record, clearly suggest that case has been registered under Section 420 IPC and not under Section 406 of IPC, as stated in the bail application. It also emerge from the report that bail petitioner has joined the investigation and nothing is required to be recovered from him at this stage. Status report further suggests that investigation in the case is almost complete.

Mr. M.L. Chauhan, learned Additional Advocate General, while inviting attention of this court to the status report, fairly submitted that despite best efforts put in by the investigating officer, nothing has emerged against the bail petitioner and as such, he can be ordered to be released on bail subject to the condition that he shall join investigation as and when called for.

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.

Accordingly, in view of above, interim order, dated 12.05.2017 is made absolute, subject to the conditions laid down therein. The petitioner shall be on bail till such time challan is presented in the Court for trial, where after he shall approach the Court for regular bail, in accordance with law. Needless to add, during this period petitioner shall fully comply with all the statutory conditions laid down under the provisions of Section 438 of the Cr.P.C. As a matter of abundant caution, it is clarified that petitioner shall neither tamper with the evidence nor try to influence the witnesses. He shall make himself available for investigation as and when required by the Investigating Officer. He shall not leave the country without prior permission of the Court.

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. With the aforesaid observations, present petition stands disposed of. Copy dasti.