Sirmour Singh vs State Of H.P

Jyotsna Rewal Dua, J

This petition under Section 438 of Code of Criminal Procedure is in relation to FIR No. 96/2022, registered under Sections 147, 148, 149, 186, 353, 504, 341 and 332 of Indian Penal Code, at Police Station, Paonta Sahib, District Sirmour, H.P. .

The FIR was registered in view of a complaint lodged by one Shri Deep Ram on 9.5.2022. The complainant had stated that on 9.5.2022 he was patrolling the forest area within his jurisdictional beat. At around 6:00 A.M., he noticed six persons carrying out illegal mining in the area. On inquiry, these persons did not disclose their names and addresses but stated that they were employees of one Sirmour Singh (bail petitioner). Five persons went away from the spot but one of them engaged in a verbal spat with the complainant. Some time later, bail petitioner reached the spot alongwith 8-10 persons. They were all carrying stones and wooden sticks in their hands. The complainant started to make video of the scene from his personal mobile. The entire mob tried to assault him. Noticing that the complainant was making a video, the bail petitioner tried to project as if he was saving the complainant instead of assaulting him. It was with great difficulty that the complainant escaped from the scene unhurt.

Ad-interim protection was granted to the petitioner on 13.5.2022. As per status report, the petitioner has joined the investigation and is co-operating with the investigating agency. But for the offence under Section 353 IPC, the other offences are bailable. The investigating agency has issued notice under Section 41(A) Cr.P.C. to the petitioner. The status report does not indicate any criminal record of the petitioner.

In view of the averments in the status report as well as the fact that notice under Section 41(A) Cr.P.C. has been issued to the petitioner by the investigating agency, the custodial interrogation of the petitioner is not required. Accordingly, the interim bail granted to the petitioner vide order dated 13.5.2022 is made absolute subject to following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior permission of the Court.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) Petitioner shall inform the Station House Officer of the concerned police station about her place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.