Swari Devi And Others vs State Of H.P

Vivek Singh Thakur, J

Status report stands filed, wherein it is stated that a complaint dated 7.9.2020 was lodged by one Ramesh Kumar, stating therein that he was

married to accused Rita Devi resident of Malana, 8 years ago, and that he is taxi owner cum driver and used to visit Malana and during his visit he has

noticed that his mother-in-law Swari Devi, brother-in-law Baghi Rath and wife Rita Devi, petitioners/accused, have cultivated cannabis in the land

owned and possessed by them.

It has been further stated in status report that in furtherance to the aforesaid complaint Police Party went to the spot on 20.9.2020 and found that

accused persons have removed/cut and uprooted the plants of cannabis, however, 12 uprooted plants of cannabis were found on the spot, which were

taken into possession and on the basis of recovery of aforesaid 12 cannabis plants, case has been registered against the petitioners/accused persons.

The plants were sent for chemical analysis, which have been confirmed to be cannabis plants by State Forensic Science Laboratory Junga.

It has been further stated that as per jamabandi of the land, there are 12 owners of the land in reference, however, all other owners except,

accused persons, have given their affidavits that in family settlement, the land in reference has been allotted to accused persons.

Learned counsel for the petitioners has submitted that land is owned and possessed by 12 owners and, as per jamabandi, land has not been recorded

in separate possession of petitioners and further that there is recovery of only 12 cannabis plants and that too not from the field, but those plants are

claimed to have been found lying on the spot.

As per status report petitioners have joined the investigation and nothing is required to be recovered from them.

Considering the entire facts and circumstances of the case, I find that petitioners may be enlarged on bail.

Accordingly, the petitioners are ordered to be enlarged on bail on furnishing personal bonds each in the sum of 20,000/- with one surety each in the

like amount, to the satisfaction of Special Judge/Sessions Judge, Kullu within two weeks from today and upon such further conditions as may be

deemed fit and proper by Special Judge/Sessions Judge, including the conditions enumerated hereinafter, so as to ensure the presence of the

petitioners at the time of trial:-

(i) That the petitioners shall join the investigation and attend the Court as and when directed to do so by the Investigating Agency/Court;

(ii) that the petitioners 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/her from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to

overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioners shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;

(v) that the petitioners shall not misuse their liberty in any manner;

(vi) that the petitioners shall not jump over the bail;

(vii) that they shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or

during trial;

(viii) they shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners, enlarged on bail, as

deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to

impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.

In case the petitioners, enlarged on bail, violate any conditions imposed upon them, their bail shall be liable to be cancelled. In such eventuality,

prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-

IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of

the bail applications.

The petitioners, enlarged on bail, are permitted to produce copy of order downloaded from the High Court website and the Special Judge/Sessions

Judge, Kullu/trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petitions stand disposed of in the aforesaid terms.