Manikant vs State Of Himachal Pradesh

Anoop Chitkara, J

The limited prayer for which the petitioner has come up before this Court is modifying the terms of bail order dated 15.6.2020 passed by the Addl. Sessions Judge-III, Kangra at Dharamshala, District Kangra, HP, in Bail Application No. 63-D/XXII/2020.

Heard Sh. Nand Lal Thakur, learned Additional Advocate General assisted by Mr. Ram Lal Thakur, learned Assistant Advocate General for the State.

Mr. Manoj Pathak, learned Counsel for the petitioner contends that although the petitioner got bail on 15.6.2020 but he cannot furnish the bail bonds because the conditions are beyond his control and as such he is still in jail.

I am of the considered opinion that to meet the ends of justice it is desirable that condition in para No. 16 of the said order to the extent of depositing of Rs. 10 lacs before the trial Court and condition in para 17, sub-clause (4) the word "Himachal Pradesh" is deleted.

Consequently the Court modifies para-16 and 17(4) of bail order dated 15.6.2020, passed by the Addl. Sessions Judge-III, Kangra at Dharamshala, District Kangra, HP, in Bail Application No. 63-D/XXII/2020, and henceforth in the aforesaid context it shall read as under:

The accused shall be released on bail on furnishing personal and surety bonds as already directed in order dated 15.6.2020.

The condition that the accused shall not leave the State of Hi-machal Pradesh is deleted with the only rider that he will not leave India without permission of the Trial Court.

The accused has the following bank accounts as per information provided by his learned Counsel:

(a) Account No. 242801502991, ICICI Bank, Indra Chowk, Badaun, UP.

(b) Account No. 12921930004445, HDFC Bank, Sector 44, Noida, UP.

(c) Account No. 15082011000837, OBC Bank, Sector 51, Hoshiarpur, Noida, UP.

(d) Account No. 219521193000068, (Joint Account with wife Aarti), OBC Bank, Gour City, Noida, UP.

Out of these Bank Accounts the accused shall visit his bank and request the Manager(s) to make Fixed Deposit Receipts of the principal amount with interest accrued thereupon, for a period of one year with automatic renewal, in the name of District & Sessions Judge, Dharamshala, Distt. Kangra, HP. The Bank Manager(s) shall make Fixed Deposits of the entire amount(s) of these accounts except the bare minimum amount re-quired as per Rules.

The order of the Investigating Officer defreezing the said accounts stands modified to the extent that the concerned Branch Manager(s) shall on receipt of such request from the accused make Fixed Deposit Receipts in the aforesaid terms, and shall send the Fixed Deposit Re-ceipts to the learned Sessions Judge, Kangra at Dharamshala, HP (PIN Code 176215). The concerned Branch Manager(s) shall make photo-copies of the Fixed Deposit Receipts and authenticate the same by af-fixing his/their stamp(s) on the same and one copy of the same be handed over to the accused. It is further clarified that the concerned Branch Manager(s) shall not redeem the said Fixed Deposit Receipts without orders of the District & Sessions Judge, Kangra at Dharamshala/ Trial Court/this Court.

However, it is further clarified that in case the accused faces some technical defect while requesting the concerned Branch Manager(s) to make the Fixed Deposit Receipts, he shall file appropriate application bringing such defects to the notice of this Court so that appropriate or-ders can be passed.

The accused shall file an application before the concerned Ses-sions Judge placing on record the attested copies of the Fixed Deposit Receipts which he shall receive from the Branch Manager(s).

In case of non compliance of the aforesaid directions and to make the Fixed Deposit Receipts in the aforesaid terms by the accused, he shall surrender before the Trial Court on Sep 1, 2020.

The Court Master shall hand over four authenticated copies of this order to the learned counsel for the petitioner for the purpose of handing over it to the concerned Bank Managers. As far as the requirement of producing a copy of this order for the purpose of furnishing bail bonds before the Sessions Court/Trial Court is concerned, it is sufficient that the learned counsel for the petitioner downloads copy of this order from the web-page of this Court and authenticate the same. It is clarified that such copy shall serve all purposes.

Petition stands disposed of in the aforesaid terms.