Jeet Ram vs State of H.P. and Others

Dev Darshan Sud, J.—A common order is being passed in all these five petitions. All the petitions herein approached this Court for bail in First Information Report No. 52 of 2010 registered on 8.4.2010 with Police Station, Theog. The charges are under Sections 427, 435 and 436 of the Indian Penal Code. Prior to this one other person Sunil Khachi S/o Sh. Gian Singh Khachi was suspected of having committed offences in the same First Information Report and was released on bail by this Court on 7th May, 2010. The case of the prosecution is that all these five Petitioners have made a statement on 8.5.2010 at a Hotel in Theog, where they were sitting, that they were involved in the offences. This statement/confession was made before one Sh. Kehar Singh. This Kehar Singh lateron on 11.5.2010 informed the Station House Officer, Theog.

I have heard learned Counsel appearing for the parties. The offences according to the prosecution have been committed on 8.4.2010. Even if the statement of Sh. Kehar Singh is taken on its face value, there is no explanation as to why he did not immediately inform the police about the commission of cognizable offences. I also find that the bail has been granted to one Sunil Khachi, who was also charged for the same offences with respect to First Information Report No. 52 of 2010. In these facts and circumstances of the case, these petitions are allowed with the following conditions:

(i) The Petitioners shall report to the Investigating Officer as and when called for.

(ii) They shall not tamper with the prosecution evidence, threaten or overawe witnesses in any manner what so ever.

(iii) They shall be present in the Court on each and every date, when the case is fixed except when so specially exempted by the Trial Court. Any other conditions can also to be imposed upon the Petitioner by the learned Trial Court as and when challan has been filed.

(iv). The Petitioners will not abscond from the jurisdiction of learned Sessions Judge, at Shimla. Should they want to leave this jurisdiction, application shall be preferred by them in the Court of Learned Sessions Judge, Shimla who shall dispose it of on its own merits.

(v) Each of the Petitioners shall furnish bail bonds in the sum of Rs. 15,000/- each with one surety in the like amount to the satisfaction of the learned Judicial Magistrate, Ist Class, Theog undertaking to appear in the Court on all dates of hearing of the case as fixed by the Court or as and when called for and to abide by all these conditions.

Bail bonds shall be furnished by the Petitioner within a period of one week from the date when this order is first presented to the learned Sessions Judge.

It is clarified that in case the Petitioners violate any of the conditions of the bail bond or of this order, they shall be arrested forthwith without reference to this Court. Petitions are disposed of. Registry is directed to place copy of this order in each petition.