Devender Kumar vs State of Himachal Pradesh And Others

Sureshwar Thakur, J.

The instant petition has been instituted by the petitioner/bail applicant under Section 439 Cr.P.C, for his being ordered, to, be released from judicial

custody, wherein he stands extantly lodged, for his allegedly committing offences punishable, under, Section 306 of IPC, in case FIR No.34 of 2018 of

11.6.2018, registered with Police Station Darlaghat, H.P.

The Investigating Officer, ASI Dev Krishan, is present in Court. Since the bail applicant stands initially subjected to police custody, on 17.6.2018,

and, thereafter to judicial custody and, importantly up to now, with the apt report under Section 173 of Cr.P.C standing not been filed, before the

learned Committal Court concerned, given the FSL not purveying its apt report, upon, the viscera of the deceased. Consequently, the learned counsel

for the petitioner, submits, that with a period of 60 days hence elapsing since 17.6.2018, whereat, the bail applicant was initially taken into police

custody, and, with, thereupon, hence the instant offence, rather standing constituted under the provisions, of Section 306 of IPC, and, with the

maximum term of imprisonment, imposable, upon, the accused being extendable up to 10 years besides also fine being imposable upon the accused (i)

thereupon when the proviso of clause 2 of Sub Section 2 of section 167 Cr.P.C, proviso whereof stands extracted hereinafter, rather is attractable

hereat, and, thereupon with a mandate, being embodied therein qua, upon, failure of the investigating officer, to complete the apt investigations, and, to

submit the apposite report drawn under Section 173 Cr.P.C, before the learned Committal Magistrate concerned, his being enjoined to be released on

bail. In aftermath with the statutory ingredients borne therein, rather being, for the reasons aforeÂstated, hence satiated hereat, thereupon, this Court

hence is constrained, to, afford, the, facility of bail to the bail applicant.

“…...Sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case

may be, the accused person shall be released on bail if he is prepared to and does furnished bail, and every person released on bail under this Sub-

Section shall be deemed to be so released under the provisions of chapter XXXIII for the purposes of that chapter.â€​

Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following

conditions:Â​:

That he shall furnish personal and surety bonds in the sum of Rs.50,000/Â​each, to the satisfaction of Judicial Magistrate, Ist Class, Solan.

That he shall join the investigation, as and when required by the Investigating agency.

That he 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 from disclosing such facts to the Court or to the Police.

That he shall not leave India without the prior permission of the Court.

That he shall deposit his passport, if any, with the Police Station, concerned.

That in case of violation of any of the conditions, the bail granted to the bail applicant shall be forfeited and he shall be liable to be taken into

custody.

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observation made herein above.