Pawan Kumar vs State Of H.P

Vivek Singh Thakur, J

This petition has been preferred seeking regular bail under Section 439 Cr.P.C, in case FIR No. 43 of 2020 dated 9.4.2020 registered in Police Station, Majra, District Sirmaur, H.P. under Sections 457, 380, 411, 201, 34 IPC.

As per status report, petitioner was arrested on 7.4.2020 and since then, after remaining in police custody, he is in judicial custody. In the interregnum, after registration of case FIR No. 43 of 2020, his custody was transferred from case FIR No. 42 of 2020 to case FIR No. 43 of 2020 and his custody was handed over to the police for two days for interrogation and thereafter he is again in judicial custody.

As per status report, petitioner has committed theft in Primary School, Maleon by stealing six bags of rice kept for mid day meal for the children/students. According to status report, during investigation in case FIR No. 42 of 2020 dated 7.4.2020, petitioner and co-accused Vijay and Sajim had revealed that they had also stolen six bags of rice from the school and had sold those bags to Om Pal of Sainwala. It is case of the prosecution that on inquiry, Om Pal had admitted purchasing of six bags from the petitioner Pawan Kumar and co-accused Vijay Kumar and Sajim, who had brought these rice to him on a tractor. Rice bags have been recovered from Om Pal and Om Pal was also arrested under Section 411 IPC and thereafter he was released and enlarged on bail by JMIC(II), Paonta Sahib on 10.04.2020. Pick-up van used for transporting the stolen bags has been taken in possession by the police and, according to the status report, Pawan Kumar has assured to produce the tractor after reaching at home.

It is informed that stolen rice bags have also been recovered. Nothing is to be recovered from the petitioner. According to the status report previously accused was also found involved in three criminal cases. One of those cases was registered in the year 2007 under Sections 353 and 332 IPC in Police Station, Majra, whereas, two cases were registered in the year 2015 under Sections 323, 325, 34 IPC and under Sections 448, 506, 34 IPC. Learned counsel for the petitioner submits that those cases were outcome of the land disputes between the parties therein and as per status report, in one case, petitioner stands acquitted, whereas, other two cases registered in 2015, are pending adjudication before the Court.

It is also submitted in the status report that there is apprehension of repetition of offence by the petitioner in case he is enlarged on bail. Needless to say that in case of repetition of offence, for conditions to be imposed at the time of enlarging him on bail, State has already at liberty and right to apply for cancellation of bail under Section 439(2) Cr.P.C.

Considering the nature and gravity of the offence and status of investigation placed on record by filing the status report, I find that it would not serve the purpose by curtailing the personal liberty of the petitioner. Therefore, petitioner is directed to be enlarged on bail in case FIR No. 43 of 2020, referred supra, subject to furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of trial Court within two weeks from today and also subject to the following conditions:-

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 his 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; and

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.

In case the petitioner violates any conditions imposed upon him 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.