Naveen Kumar vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Criminal Procedure Code, 1973, the petitioner has prayed for grant of bail in FIR No. 22 of 2020, dated 10.03.2020, registered under Sections 302, 341, 323 and 504 of the Indian Penal Code at Police Station Chirgaon, Shimla, H.P.

When this case was lastly listed before the Court on 17.12.2021, the following order was passed:

"Learned counsel for the petitioner informs the Court that the statements of the witnesses could not be recorded as the Court concerned was not functioning on account of transfer of learned Presiding Officer. He has prayed that it will be in the interest of justice in case this bail petition is ordered to be listed after about two weeks before Hon'ble Vacation Judge. Ordered accordingly.

List before Hon'ble Vacation Judge on 14.01.2022, as prayed for."

Now, an application has been filed in these proceedings on behalf of the petitioner, inter alia, praying for release of the petitioner for 13 days to perform the death rituals of his real uncle, who is stated to have died on 20.12.2021. Learned counsel for the petitioner submits that due to this unforeseen and unfortunate development which has taken place, he has instructions to submit that these proceedings be disposed of by permitting the petitioner to participate in the customs of the family for a reasonable time and the petitioner shall thereafter, if so advised, file a fresh petition for his release by way of grant of regular bail.

Learned Additional Advocate General submits that the indulgence can be shown to the petitioner by taking him to his village in the custody of Police Officials, so that the petitioner can do the needful.

Having heard learned counsel for the parties, these proceedings are ordered to be closed with direction to the Jail Superintendent, Sub-Jail Kaithu, Shimla to ensure that the petitioner is taken to his village, i.e., Village Tikri, Tehsil Chirgaon, District Shimla in the custody of two Police Officials by ensuring his departure from the Jail premises latest by 12:00 noon tomorrow, i.e., 29th December, 2021, with further direction that the petitioner shall be accompanied back to the said Sub-Jail latest by 5:00 p.m. on 7th January, 2022. The expenses of the Police Officials shall be born by the petitioner, which shall be communicated to the petitioner by the Jail Superintendent after he returns back to the Jail. However, it is made clear that that closure of these proceedings shall not come in the way of the petitioner in approaching the Court afresh under Section 439 of the Criminal Procedure Code.

Copy dasti.