Pradeep Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner, invoking Section 439 of the Code of Criminal Procedure, has approached this Court for grant of interim/temporary bail in case FIR No.147 of 2021, dated 24.5.2021, registered under Sections 147, 148, 149, 341, 323, 307, 302, 120B, 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 25, 29B & 30 of the Arms Act, in Police Station Nalagarh, District Solan, Himachal Pradesh.

Present application has been filed, seeking interim bail, on three grounds, that after death of Paternal Uncle (Taya) of the petitioner, joint property of the family is to be partitioned in Khangi Takseem; that petitioner is sole bread earner of the family comprising of his mother and 18 years old sister; and that petitioner’s mother is undergoing treatment and is mostly bedridden and his sister is not capable to get her mother properly treated as she does not understand the matter properly.

Vide order dated 1.12.2023, it was observed by this Court that so far as ground of ailment of mother of petitioner was concerned, that had no merit because the claim of the petitioner was refuted by the respondent-State by placing on record a fresh certificate issued by the Doctor of Medical Institute Anandraj Malik Hospital & Paramedical Institute, from where, according to petitioner, his mother was receiving treatment, and the ground of the petitioner being sole bread earner was also not found to be plausible ground for granting him bail for gravity of offence alleged to have been committed by him, and, for the third ground, i.e. partition of the joint property in Khangi Takseem, after death of Paternal Uncle, the matter was adjourned, enabling learned counsel for the petitioner to have complete instructions and to place on record relevant documents, if any, to substantiate the claim of the petitioner.

Today, learned counsel for the petitioner has placed on record a notice, dated 26.12.2023, intimating that in connection with the application for partition, the Kanoongo (Settlement) will be visiting the spot, on 30.12.2023, for spot inspection and for that presence of the petitioner is necessary.

It has been further submitted on behalf of the petitioner that it has been informed that the parties have also been directed to appear before Assistant Collector 1st Grade, on 5.1.2024, for final adjudication and allotment of shares in the partition proceedings is likely to be finalized within a week thereafter.

It has been submitted on behalf of the petitioner that petitioner is an under-trial prisoner and he has no other responsible member in the family with understanding to participate in partition proceedings, and that his mother and sister are not capable to participate and protect interest of family of petitioner effectively, and that he has no other remedy except filing this application for interim bail, because neither parole nor any other kind remedy is available to the petitioner for participating in the partition proceedings. Further that guilt of petitioner is yet to be proved on conclusion of trial and till then, he is to be considered innocent and, therefore, it would be appropriate to enlarge him on temporary bail enabling him to be present in the partition proceedings, in aforesaid given facts and circumstances.

It has been further submitted on behalf of the petitioner that petitioner is ready to abide by any condition for enlarging him on temporary bail and he is also ready to furnish bail bonds to the satisfaction of Trial Court for enlarging him on bail to assure his presence and also his availability by surrendering after expiry of period of interim bail.

Taking into consideration entire facts and circumstances, petitioner is directed to be enlarged on temporary bail till 15.1.2024, on furnishing personal bond in the sum of `1 lakh (Rupees one Lakh) with one surety in the like amount to the satisfaction of Trial Court and also subject to any other condition considered to be proper to be imposed by the Trial Court amongst following conditions:-

The petitioner shall surrender before the Jail Superintendent/Incharge of concerned Jail on or before 15.1.2024 at or before 3 PM, wherefrom he shall be released.

The petitioner shall not tamper with evidence in any manner.

The petitioner shall not visit any other place except his native village or any other place where his presence is required in connection with partition of joint property.

That petitioner shall not misuse his liberty in any manner.

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.

That the petitioner shall not obstruct the smooth progress of trial.

That the petitioner shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station.

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 petitioner as it may deem necessary in the interest of justice.

SHO Police Station Nalagarh, District Solan, HP is also directed to verify the fact of surrender by petitioner on 15.1.2024 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law.

In case, the petitioner violates any condition imposed upon him, his interim 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.

The 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.

Copy of this order also be transmitted to the concerned Trial Court for information and compliance.

Jail Authorities are also directed to report the matter on surrender or failure to surrender on 15.1.2024 to the trial Court, whereupon, trial Court as well as other concerned officers, in case of failure to surrender, shall take appropriate action against petitioner as well as his surety.

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

Petition stands disposed of.