Kapil Razta vs State Of H.P

Vivek Singh Thakur, J

This petition, invoking provisions of Section 439 of Cr.P.C., has been filed seeking interim bail in case FIR No. 48 of 2022, dated 19.06.2022 registered in Police Station Chirgaon, District Shimla, under Sections 302, 201 and 34 IPC.

2 Status report stands filed. Record has also been produced.

3 Petitioner is seeking interim bail on medical grounds with averments in the application that petitioner has to undergo a surgical operation on account of suffering from acute Scrotal Hernia and surgery of petitioner is scheduled on 5th August, 2023. It has been submitted that to avoid any stress and other post operational complications, petitioner deserves to be enlarged on interim bail for his treatment as after operation he would require proper care, sanitation, diet and bed rest etc. for recovery.

4 To substantiate the plea, petitioner has placed on record photocopies of prescription slips of India Gandhi Medical College, Shimla, wherein it has been recorded that petitioner intended to undergo surgery on 5.8.2023. The prescription slips also indicate that Doctor has advised certain precautions for treatment and cure of disease of petitioner.

5 As per status report, it has been stated that petitioner, at present, is lodged in Sub Jail, Kaithu, where no Medical Officer is posted and only Pharmacist has been posted who has expressed his limitations for expressing any opinion with regard to disease of petitioner. It has been further stated in status report that concerned Professor Dr. Sanjeev Gupta of Indira Gandhi Medical College, Shimla was also contacted on 31.7.2023, who has stated that he has already recorded the disease and treatment in prescription slip and for placing his opinion on record, the prescription slips be produced in Court. Accordingly, the photocopies of prescription slips have been placed on record along with status report. These prescription slips are almost the same to prescription slips already placed on record along with petition.

6 Learned Additional Advocate General submits that next date in Trial Court has been fixed on 21.8.2023.

7 Learned counsel for petitioner submits that aforesaid date has been fixed for fixing the date for recording the prosecution evidence and on that day, petitioner, in case enlarged on bail, shall make every endeavour to remain present and in case, petitioner, due to his health problem, would not be able to attend the Court, then an appropriate application for exemption shall be moved however on account of absence of petitioner, no adjournment will be sought.

8 Taking into consideration entire facts and circumstances, petitioner is directed to be enlarged on temporary bail from the date of furnishing bail bonds, till 24th August, 2023, on furnishing personal bond in the sum of Rs.1 lac with one surety in the like amount to the satisfaction of Trial Court/Chief Judicial Magistrate, Shimla and also subject to any other condition considered to be proper to be imposed by the Chief Judicial Magistrate/Trial Court amongst following conditions:-

He shall surrender before the Jail Superintendent/Incharge of concerned Jail on or before 24th August, 2023 before 3 PM wherefrom he shall be released.

He shall not tamper with evidence in any manner.

3 He shall not visit any of the place except his native village or any other place where his presence is required for his treatment.

That petitioner shall not misuse his liberty in any manner.

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/her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

That the petitioner shall not obstruct the smooth progress of the investigation as well as trial;

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

That the petitioner shall ensure his presence in the Trial Court on 21st August, 2023 the date fixed for fixing the date for recording the evidence in trial. In case, due to health condition, petitioner will not be able to attend the Court on 21 st August, 2023, an appropriate application shall be moved for exemption, but such exemption may not be a basis to seek the adjournment and Trial Court shall pass effective order on that day irrespective of the fact, whether petitioner is present or not.

In case, it is found that petitioner remains absent on 21st August, 2023 without any plausible reason then he shall be liable to face the appropriate proceedings for giving false undertaking to Court, in addition to cancellation of bail with immediate effect.

In case, next date in Trial Court has been fixed for recording the evidence then petitioner shall ensure his presence in Court in all eventualities and in any case, recording of evidence of witness would not be deferred for absence of petitioner and for such absence, petitioner shall not be entitled to take a defence of recording the evidence in his absence,

9 Copy of this order also be transmitted to the concerned Trial Court/Chief Judicial Magistrate, Shimla for information and compliance. In case bail bonds are furnished to the satisfaction of Chief Judicial Magistrate, Shimla, then the same shall be transmitted to the Trial Court.

10 Jail Authorities are directed to report the matter on surrender or failure to surrender on 25th August, 2023 to the trial Court as well as Chief Judicial Magistrate, Shimla, whereupon, trial Court/Chief Judicial Magistrate, Shimla as well as other concerned officers, in case of failure to surrender, shall take appropriate action against petitioner as well as his surety.

11 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, they may verify the order from the High Court website or otherwise.

Petition stands disposed of.