Nathu Ram vs State Of H.P

Sureshwar Thakur, J

The bail applicant/accused had earlier motioned this Court, through his instituting Cr. M.P. (M) No. 808 of 2018, and thereon, an order, of, dismissal,

became recorded, on 8.8.2018.Though, any subsequent petition, filed by the bail-applicant/petitioner, seeking therethrough the facility, of, bail, is

maintainable, only upon, apposite changed circumstances, being brought on record. Even when the afore changed circumstances, are not brought on

record, yet wants thereof, would not render the extant petition, to become not maintainable before this Court, nor the afore impediment, can work,

against the bail-applicant, as (a) perusal of the bail application, unfolds qua its’ containing a limited prayer, for the applicant being released, for, a

limited duration, hence to enable him, to, settle his family affairs, and, his business. The afore limited prayer, is, anvilled upon an affidavit, sworn by the

brother of the bail applicant, wherein, he discloses that the latter had separated his business, from, the bail applicant, and that hence, all domestic

liabilities, and, all pre-occupation(s), appertaining to the operation of, business, of the bail-applicant, becoming hence un-manageable by any member,

of, the applicants’ family. The afore affidavit, as, filed by the brother of the bail applicant, is supported by an affidavit sworn, by the wife, of, the

bail-applicant. Consequently, the afore limited prayer, as enshrined in the petition, hence for the bail applicant, being released, for a limited duration of

time, is allowed, however, subject to the following conditions:

(i) That the bail applicant shall furnish one personal bond and two local surety bond(s) in the sum of Rs.1,00,000 /- to the satisfaction of the learned

trial court concerned.

(ii) That the bail applicant, shall join the investigation, as and when required by the Investigating Agency;

(iii) that he shall not directly and indirectly, make any inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer;

(iv) that he shall not leave India without the previous permission of the Court;

(v) that he shall deposit his passport, if any, with the Police Station, Baddi ; and

(vi) that in case of violation of any of these conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody.

(vii) That he shall surrender before the learned trial Court, on expiry of four months, hereafter.

The observations made hereinabove, shall have no bearings on the merits of the case pending before the learned trial Court. The application stands

disposed of.