Som Parkash vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition, filed under Section 439 of the Code of Criminal Procedure Code, a prayer has been made for release of the petitioner on bail in case F.I.R. No.29 of 2018, dated 18.04.2018, registered against him at Police Station Sangrah, District Sirmour, H.P., under Section 376 (2) (H) of the Indian Penal Code (hereinafter referred to 'IPC' for short).

Learned counsel for the petitioner has argued that after lodging of the F.I.R., the petitioner is in custody since 19.04.2018. Investigation is complete, challan stands filed, charges stand framed and now the case is listed for recording statements of the prosecution witnesses. Learned counsel further submits that as of now no recovery etc. is to be effected from the petitioner and whether or not the petitioner is guilty of the offence alleged against him, is a matter of trial, however, in lieu of the pendency of the trial, the petitioner cannot be detained in custody forever, because even, as of now he has spent three years in custody and the mode and manner in which the trial is progressing does not suggests that the trial is likely to be completed shortly. He further submits that otherwise also, the allegations which have been leveled against the petitioner are false and fabricated and he is not guilty of the offences alleged against him. He further submits that in the event of the petitioner being ordered to be released on bail, he shall abide by all such conditions imposed upon him and the petitioner shall neither create any hurdle in the course of the trial nor he will try to influence any witness etc. and he shall also duly participate in the course of trial. On these basis, learned counsel submits that the petition be allowed and petitioner be released on bail.

Opposing the bail petition, learned Additional Advocate General argued that taking into consideration the gravity of the offence alleged against the petitioner, this petition deserves to be dismissed. He further submits that as the petitioner happened to be a Panchayat Secretary, there is each and every possibility that post release on bail, he may try to win over and influence witnesses, as statements of the prosecution witnesses are yet to be recorded. Accordingly, he has submitted that the petition be dismissed.

I have heard learned counsel for the parties and gone through the status report.

It is not in dispute that after lodging of the F.I.R., the petitioner is in custody since 19.04.2018. This means that the petitioner is in custody for almost a period of two years and eleven months as of now. The Court stands informed that recording of statements of the prosecution witnesses has not yet commenced and now the next date which has been fixed to commence the recording of statements of the prosecution witnesses, total eighteen in number, is 29.05.2021.

Be that as it may, there appears to be force in the submissions so made by learned counsel for the petitioner that pending trial, the petitioner cannot be kept in custody for eternity and keeping in view the fact that he has already been in custody since 19.04.2018, this Court is of the view that it will be in the interest of justice to release the petitioner on bail. As far as apprehensions expressed by learned Additional Advocate General are concerned, the same can be taken care of by imposing stringent conditions upon the petitioner and further by granting leave to the State that in case petitioner violates any of the conditions so imposed upon him by the Court, then the State shall be at liberty to move an application, praying for cancellation of bail.

Accordingly, as investigation is complete and the challan already stands filed, this petition is allowed, keeping in view the fact that the petitioner is in custody since 19.04.2018, as prayed for and petitioner is ordered to be released on bail, in case F.I.R. No.29 of 2018, dated 18.04.2018, registered against him at Police Station Sangrah, District Sirmour, H.P., under Section 376 (2) (H) of the Indian Penal Code, on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount, subject to the following conditions:-

i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

ii) He shall not tamper with the prosecution evidence;

iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case; and

(iv) He shall not leave the territory of India without prior permission of the Court.

It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

Copy dasti.