Mata Dass vs State Of H.P

Sureshwar Thakur, J

The bail­petitioner is facing charges, for, commission of offence(s) punishable under Section 302, and, Section 201 read with Section 34 of the IPC, hence, registered at Police Station, Jawali, District Kangra, H.P.

Status report is placed, before this Court, by the learned Additional Advocate General, and, perusal thereof discloses, that a fully operational sawing machine, is, in the name of the bail­applicant Mata Dass, and, that it is being managed by his son Aakarshit, and, by his mother Shakuntla. However, the mother of the petitioner is aged about 76 years, and, his son is aged about 18 years, hence both, are, not fully capacitated to efficiently run the sawing machine. Furthermore, since there is also landed property in the name of the bail­ applicant, and, crops are sown thereon, yet, even with respect to efficient management(s) thereof, only both afore are available, and, thereupons qua management(s) thereof, by the afore, also the afore handicaps do surge, whereupon for ensuring the efficient management thereof, the strived indulgence is grantable. Consequently, the prayer made before this Court by the learned counsel for the petitioner, that Mata Dass, bail­applicant be released on bail, only for six weeks, for ensuring, his making management(s), for, operation, of, his sawing machine and, of, his landed property, is accepted. Accordingly, the bail petitioner is ordered to be released, from, judicial custody only for six weeks, subject to compliance, by him, with the following conditions:

i) That he shall furnish personal and two surety bonds in the sum of Rs. 50,000/­, each to the satisfaction of the learned trial Court concerned.

ii) That he shall join the investigation, as and when required by the Investigating agency.

iii) That he 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 the Court or to the Police.

iv) That he shall not leave India without the prior permission of the Court.

v) That he shall deposit his passport, if any, with the Police Station, concerned.

vi) That in case of violation of any of the conditions, the bail granted to the bail applicant shall be forfeited and he shall be liable to be taken into custody.

(vii) That upon his re­indulging in criminal activities, it shall be open to the respondent, to move this Court for cancellation of bail.

Any observation made herein above, shall not be, taken an expression or opinion, on the merits of the case, and, the trial Court shall decide the matter uninfluenced, by any observation, made herein above.

Dasti copy.