High CourtsSingle Bench(2022) 12 SHI CK 0033

Maan Singh vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 7 December 2022

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (Main) No. 2585 Of 2022

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Judgment

11 paragraphs · 423 words

Ajay Mohan Goel, J

1.

Status report filed, which is ordered to be taken on record.

Learned Additional Advocate General informs the Court that though the petitioner has participated in the course of investigation, but he is not cooperating.

2.

Learned counsel for the petitioner has submitted that Hon’ble Coordinate Bench of this Court in Cr.MP(M) No.2612 of 2022, titled Raju Ram Versus State of Himachal Pradesh, decided on 06.12.2022, has been ordered to grant pre­arrest bail, on similar facts wherein the allegation against the petitioner was that he had planted more than 15,000/­ cannabis plants, whereas the allegation against the present petitioner is only of planting about 7,000/­ plants and further, both the FIRs, i.e. the FIR subject matter of the present petition and the FIR subject matter of Cr.MP(M) No.2612 of 2022 pertain to the same area.

3.

Having heard learned counsel for the parties, as it is not much in dispute that the person similarly situated to the petitioner has already been granted pre­arrest bail by Hon’ble Coordinate Bench, accordingly, this petition is allowed and the petitioner is ordered to be released on bail, in case of his arrest, in FIR No.87 of 2022, dated 09.09.2022, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, at Police Station Padhar, Distt. Mandi, H.P., on his furnishing personal bond in the sum of Rs.1,00,000/­ with one surety in the like amount to the satisfaction of Investigation Officer. This order is, however, subject to following conditions: ­

(i) That the petitioner shall make himself available during the continuance of entire trial.

(ii) That the petitioner shall not tamper with the prosecution evidence in any manner whatsoever.

(iii) That the petitioner shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer.

(iv) That the petitioner shall not leave India without prior permission of this Court till completion of investigation and thereafter of the trial court, if any.

4.

Any observation made hereinabove 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 hereinabove. Petition stands disposed of.

There would be no need for a certified copy of this order and learned counsel for the parties can download this order alongwith case status from the official web page of this Court and attest it to be a true copy.