JAI SINGH VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 10.6.2020, whereby the petitioner was ordered to be enlarged on interim bail in connection with FIR No. 19 of 2020 dated 7.6.2020 under Sections 354, 354-D, 452 and 506 of IPC, registered with Police Station Deha, Tehsil Theog, District Shimla, HP, respondent-State has placed on record status report prepared on the basis of investigation carried out by the Investigating Agency.

(2.) Mr. Sudhir Bhatnagar, learned Additional Advocate General, on instructions, fairly states that the petitioner has joined the investigation in terms of previous order dated 10.6.2020, passed by Court and his custodial interrogation is not required. He on the instructions of Investigating Officer also stated that State has no objection in case, the petitioner is ordered to be enlarged on bail subject to condition that he shall always make himself available as and when required by the Investigating Agency.

(3.) Needless to say object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that the party will appear to take his trial Otherwise, bail is not to be withheld as a punishment. Otherwise also, normal rule is of bail and not jail. Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime.