Yash Pal vs State of H.P.

Dharam Chand Chaudhary, J.—This order shall dispose of all three applications arising out of FIR No. 40 of 2014, registered against the accused-petitioners in Police Station, New Shimla, under Sections 498-A, 342 of the Indian Penal Code.

The complainant is the wife of accused-petitioner Deepak Sabharwal and daughter-in-law of accused-petitioners Yash Pal and Pushpa Sabharwal. She was married to accused-petitioner Deepak Sabharwal on 6.2.2007. The complaint is that immediately after her marriage, her husband Deepak started administering beatings to her under the influence of liquor. She gave birth to a female child at Shimla in her parental house, however, none of the accused-petitioners came to Shimla to know about her well being and that of the newly born child. Again when she was carrying pregnancy of seven months, removed from matrimonial home after administering her beatings. She came to the house of her parents at Shimla and gave birth to a male child. Her in-laws on coming to know about the birth of male child came to Shimla and she was taken to matrimonial home after about 20 days of the birth of the newly born male child. They, however, again started maltreating her. The cause of administering beatings to her by accused-petitioner Deepak, according to her is his relations with another woman. She caught him speaking to that woman. She took away cell-phone from him and spoke to the said woman, who told about her relations with accused Deepak. She complained to her in-laws against such conduct of her husband Deepak. They instead of advising him to discontinue such relations reprimanded her that she will be removed from matrimonial home. She allegedly was being tortured at the pretext of dowry also.

The accused-petitioners, no doubt belong to Hoshiarpur (Punjab). Learned Additional Advocate General apprehends that in case pre-arrest bail is granted, they may not be available for the purpose of further interrogation. This Court, however, not find the present a case warranting custodial interrogation of the accused-petitioners. The apprehension of learned Additional Advocate General can otherwise be taken care of by imposing suitable conditions upon the accused-petitioners to restrict their movements and ensure that they are available to the investigating agency for the purpose of interrogation as and when called upon to do so. Though there are allegations of maltreatment and torturing of the complainant by them, however, the same need proof which the parties will produce during the course of trial in case report u/s 173 of the Code of Criminal Procedure is filed against the accused-petitioners. The applications, therefore, are allowed. It is ordered that in the event of arrest the accused-petitioners in connection with FIR No. 40 of 2014, registered in Police Station, New Shimla, they shall be released on bail, subject to their furnishing personal bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of arresting Police Officer/Investigating Officer. They shall further abide by the following conditions:-

That they shall:

(a) make themselves available for the purpose of interrogation as and when required and shall cooperate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end;

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

(c) not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer;

(d) not leave the territory of India without the prior permission of the Court; and

(e) Accused Deepak Sabharwal and Yash Pal shall continue to report to Station House Officer, Police Station, New Shimla once in a month to apprise him about their whereabouts till the statements of material prosecution witnesses are recorded.

It is clarified that if the petitioners misuse their 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.

The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case. All the petitions stand disposed of.