Mobin Mohammad, & Ors. vs State of Himachal Pradesh

The petitioners have approached this Court for grant of regular bail in case FIR No. 79/2016 dated 5.7.2016. Assistant Sub Inspector, Jagdish Kumar, Police Station BSL Colony, Sundernagar, District Mandi, H.P. has produced records of the investigation and has also filed the status report.

A perusal of the records demonstrates that the case of the prosecution is that Ajay Kumar alleged to have closed the gate installed in lower Bowli road at around 10.00 p.m. to prevent the stray animals from entering his land and in the meanwhile four persons alleged to have come on a scooter and motorcycle who bolted the gate which led to some verbal altercation. Thereafter said four persons later on came along with other persons and allegedly gave beatings to Joginder Pal and informant Ajay Kumar. As per prosecution Joginder Pal later on succumbed to the said injuries. It is apparent from the record that the names of the petitioners do not find mention in the First Information Report and the petitioners in fact have been later on arrayed as accused. Besides this, the MLC of the deceased which was conducted on 7.7.2016 demonstrates that injuries sustained by him were on account of a fall i.e. as per the MLC, the cause of the death was on account of injuries sustained by a fall. At this stage Mr. Chandel learned counsel for the petitioners has stated that two of the co-accused have already been granted regular bail by this Court who had approached this Court by way of Cr.MP(M) No. 6 of 2017 and Cr.MP(M) No. 9 of 2017, respectively on 13.1.2017.

I have heard learned counsel for the petitioners as well as learned Additional Advocate General and in my considered view, this is a fit case where the discretion of bail can be exercised in favour of the petitioners especially keeping in view the fact that two other coaccused have already been enlarged on regular bail by this Court vide order dated 13.1.2017.

Accordingly, all petitions are allowed and the petitioners are ordered to be released on bail in case FIR No. 79 of 2016 dated

7.2016 registered at Police Station BSL Colony, Sundernagar, District Mandi, H.P. under Sections 307, 302, 324, 341, 323, 504, 147, 149, 120-B, 212, 420, 467, 468 and 471 IPC, on their furnishing personal bonds in the sum of Rs 1,00,000/- each with one surety each of the like amount to the satisfaction of learned Judicial Magistrate 1st Class, Sundernagar, District Mandi, H.P. with the following conditions:- (i) The petitioners shall make themselves 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.

(ii) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

(iii) They shall not 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 the Court or the Police Officer; and

(iv) They shall not leave the territory of India without prior permission of the Court.

Learned Judicial Magistrate 1st Class, Sundernagar, District Mandi, H.P. is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93- IV.7139 dated 18.03.2013.

Any observation made hereinabove 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 hereinabove.

Petitions stand disposed of.

Copy dasti.