Manjeet Singh Vs State Of H.P

High Court Of Himachal Pradesh 15 Oct 2020 Criminal Miscellaneous Petition (M) No. 1408, 1853 Of 2020 (2020) 10 SHI CK 0147
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous Petition (M) No. 1408, 1853 Of 2020

Hon'ble Bench

Vivek Singh Thakur, J

Advocates

Sanjeev Kumar Suri, R.R. Rahi

Final Decision

Disposed Of

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 439, 482
  • Indian Penal Code, 1860 - Section 147, 149, 307. 332, 353
  • Arms Act, 1959 - Section 25

Judgement Text

Translate:

Vivek Singh Thakur, J

1. This petition has been filed under Section 439 for grant of bail along with application under Section 482 of Cr.P.C. for grant of interim bail in case

FIR No. 271 of 2017 dated 7.6.2017, registered under Sections 147, 149, 332, 353 and 307 IPC and 25 of Arms Act in Police Station Paonta Sahib,

District Sirmaur H.P.

2 Learned Deputy Advocate General submits that as a matter of act, recently another bail application Cr.MP(M) No. 982 of 2020, preferred by

petitioner has been dismissed by this Court on 12.10.2020 by passing a detailed order and present application has been preferred on 14.10.2020.

3 Learned counsel for petitioner submits that in fact, present petition has been preferred for enlarging the petitioner on bail for the purpose of attending

the marriage of his only real sister Paramjeet Kaur, scheduled on 18th October, 2020. Petitioner is son of Gurjeet Singh and identity proof of his sister

i.e. Adhar No. 901896392485 has also been placed on record to establish that Paramjeet Kaur is daughter of Gurjeet Singh, resident of House No.

201, Himmat Pura Basti, Jaito, Faridkot. Photocopy of invitation card of marriage indicating the venue of marriage at Brar Palace, Jaito has also been

placed on record. A certificate dated 6.10.2020 issued by Gurdarshan Lal, Municipal Councillor, Jaitu has also been placed on record, wherein he has

certified that marriage of Paramjeet Kaur, real sister of Manjeet Singh is fixed on 18th October, 2020.

4 Copy of the application submitted by father of petitioner to Jail Superintendent, Model Central Jail, Nahan has also been placed on record, wherein

he has requested to release the petitioner for five days for arranging and attending the marriage of his sister, whereupon, Deputy Superintendent,

Model Central Jail has, in writing, communicated that there is no provision for parole for under trial prisoners and therefore, Jail Authorities are not in a

position to release him as requested and under-trial prisoners can be released from jail only under the direction and by orders of Court.

5 It is submitted by learned counsel for petitioner that a separate application bearing Cr.MP No. 1408 of 2020 has also been filed with this petition for

enlarging the petitioner on interim bail for the purpose explained herein-above w.e.f. 16th October, 2020 to 21st October, 2020 on the terms and

conditions as deem fit by Court. He further submits that petitioner is ready to furnish local surety also and in case of release, he undertakes to

surrender before Jail Authorities on 21st October, 2020 or any other date as directed by Court at the time of granting interim bail.

6 Considering submissions of learned counsel for petitioner and learned Deputy Advocate General, petitioner is directed to enlarge him on bail subject

to his furnishing personal bond in the sum of Rs. 50,000/- with two sureties each in the like amount, one of them, as undertaken by petitioner, shall be

local surety to the satisfaction of trial Court and in absence of Presiding Officer of trial Court, learned Chief Judicial Magistrate/Judicial Magistrate 1st

Class, available on the date, as the case may be, on or before 17th October, 2020, undertaking therein that petitioner shall surrender before Jail

Authorities on 21st October, 2020 before 2 PM.

7 Petitioner is directed to surrender for his custody in aforesaid terms on 21.10.2020 before 2:00 PM before Jail Authorities, Model Central Jail,

Nahan, failing which, appropriate action against him and his sureties shall be initiated. During bail, petitioner shall abide by following further conditions

in addition to the condition of surrender referred supra:-

1. He shall not tamper with evidence in any manner.

2. He shall not visit any of the place except his native village and villages where ceremonies of marriage are to be solemnized.

8. Copy of this order also be transmitted to all the concerned Magistrates for information and compliance.

9 Jail Authorities are directed to report the matter on surrender or failure to surrender on 21.10.2020 to the trial Court as well as Police Station Paonta

Sahib, whereupon, trial Court as well as other concerned officers, in case of failure to surrender, shall take appropriate action against petitioner as well

as his sureties.

10 It is also directed that trial Court shall not insist for certified copy of order and can verify the same from High Court Website and from Registry

before accepting the bail bonds to be furnished by petitioner.

Petitions stand disposed of in aforesaid terms.

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