Suresh Kumar, & Ors. vs State of Himachal Pradesh

By way of instant petitions filed under Section 439 CrPC, prayer has been made for grant of bail in FIR No. 162/17 dated 16.8.2017, under Sections 353, 332 and 34 IPC, and Section 3 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered with Police Station, Ghumarwin, District Bilaspur, Himachal Pradesh.

Sequel to orders dated 22.8.2017, passed by this Court, whereby aforesaid petitioners were ordered to be enlarged on interim bail, SI Roshan Lal, I/O Police Station, Ghumarwin, Bilaspur has come present with the record. Mr. M.L. Chauhan, learned Additional Advocate General has also placed on record status report prepared on the basis of investigation carried out by the investigating agency.

Briefly stated, the facts of the case are that aforesaid FIR came to be registered against bail petitioners, at the behest of complainant Chet Ram, who alleged that the bail petitioners, who happened to be the office bearers of Gram Panchayat, Amarpur, misbehaved and called him by his caste. Mr. M.L. Chauhan, learned Additional Advocate General, on the instructions, fairly states that pursuant to order dated 22.8.2017, all the petitioners have joined the investigation. He further states that the investigation is almost complete, save and except MLC, which is to be procured from Regional Hospital.

After having carefully perused the status report /record, this Court sees no reason for custodial interrogation of the bail petitioners, who have otherwise made themselves available for investigation. However, bail petitioners are directed to make themselves available for investigation as and when called for and they will also make available all the documents to the investigating agency, so that investigation is completed in time.

Otherwise also, normal rule is of bail and not jail. Apart from above, Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime. Petitioners is local residents of addresses given in memo of parties and they shall remain available to face the trial and to undergo imprisonment, if any, imposed upon them.

The Apex Court in Prasanta Kumar Sarkar versus Ashis Chatterjee and another (2010) 14 SCC 496, has laid down the following principles to be kept in mind, while deciding petition for bail: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) nature and gravity of the accusation;

(iii) severity of the punishment in the event of conviction;

(iv) danger of the accused absconding or fleeing, if released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being influenced; and

(viii) danger, of course, of justice being thwarted by grant of bail.

Consequently, orders dated 22.8.2017 passed in the present bail applications, are made absolute, subject to following conditions: (a) They shall make themselves available for the purpose of interrogation, if so required and regularly 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;

(b) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

(c) They shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

(d) They shall not leave the territory of India without the prior permission of the Court.

It is clarified that if the petitioners misuse the liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail.

Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of these applications alone. The petitions stand accordingly disposed of.

Copy dasti.