SUSHMA JASWAL Vs. STATE OF HP.

JUDGEMENT

(1.) THE petitioner is the wife of Raj Kumar Jaswal main accused. She was denied pre -arrest bail by the Court Sessions and as such she was arrested in FIR No.28 of 2010, dated 24th February, 2010, registered in Police Station Gagret (Una), under Section 364, 342, 323, 506 read with Section 34 of the Indian Penal Code. She is alleged to have assisted her husband Raj Kumar in the Commission of the alleged offence alongwith her son Rohit Kumar.

(2.) The prosecution case is that Raj Kumar Jaswal with the assistance of his wife the present petition and his son Rohit Kumar picked up Mohan Lal, Security Guard of M/S. B.L. Seth Agro Industries Unit on 23rd February, 2010 at 7.30 PM after giving him beatings, took him to the National Highway, where he was again given beatings and thereafter they put him in their vehicle and took him to their house kept him confined in the room where he was again given thrashig. Thereafter he was again taken in the jeep. Raj Kumar drove off the jeep towards the National Highway alongwith the petitioner and his son on the way. They were de -boarded, but the main accused Raj Kumar took the complainant in the same vehicle on Talwara -Mubarikpur road. There was a telephonic call on the mobile phone of the complainant, which was snatched by Raj Kumar and answered the call in a vulgar language.

(3.) THEREAFTER thrusted bottle of liquor in his mouth and pushed him outside on the National Highway. Complainant took the lift and reported the matter to the police. He was medically examined and the case was registered against the petitioner. Keeping in view of the aforesaid circumstances of this case and also the fact that the petitioner is in the judicial lock up and her son Rohit Kumar was also granted bail by this Court on the similar role in the case, but Raj Kumar was denied bail taking note of his criminal history Keeping in view the above facts, the petitioner can be enlarged on bail, as such her application is allowed. Thus the petitioner is accordingly ordered to be released on bail on her entering into bail bonds bail bonds in the sum of Rs.10,000/ - with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Una and this bail shall be subject to the conditions that the petitioner: (a) shall not terrorize any witness of the prosecution and join the investigation of this case as and when required; (b) shall not tamper with the prosecution evidence in any manner; (c) 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 any police officer; and However, the police is hereby directed to interrogate the petitioner with all decency and also as per the guidelines issued by the apex Court and by this Court from time to time. The petitioner shall not commit any breach of the conditions as aforesaid, failing which her liberty of the bail shall be cancelled.