Om Parkash vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Learned Additional Advocate General, under instructions received from the officer present, submits that petitioner has joined the investigation and

at this stage, nothing is to be recovered from him and his custodial interrogation is also not warranted.

Parents of the petitioner have already been enlarged on bail on 30.12.2020.

Considering the entire facts and circumstances of the case, at this stage, petitioner is directed to be released on bail, on furnishing personal bond in

the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of trial Court/Special Judge, Shimla within two weeks from today, upon

such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the

presence of the petitioner at the time of trial:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner 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/her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to

overawe or influence or intimidate the prosecution witnesses;

(iii) that he shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse their liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or

during trial;

(viii) He shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary

in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or

further condition on the petitioners as it may deem necessary in the interest of justice.

In case the petitioner violate any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach

the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court 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.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the

bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of

the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.