UTTAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed for relaxing/waiving off of condition No.10 imposed by learned Sessions Judge, Mandi, at the time of granting bail to the petitioner vide order dated 17.12.2019, passed in bail applications No.280 of 2019, titled as Uttam Chand vs. State of Himachal Pradesh and 279 of 2019, titled as Sonu Parmar vs. State of Himachal Pradesh.

(2.) Petitioner has sought waiving off and relaxing the aforesaid condition on the ground that initially co-accused Anil Kumar was enlarged on bail by a Coordinate Bench of this High Court vide order dated 06.12.2019, passed in Cr.M.P.(M) No. 2084 of 2019, titled as Anil Kumar vs. State of Himachal Pradesh, imposing similar condition, but later on vide order dated 20.02.2020 passed in Cr.M.P.No. 445 of 2020 in Cr.M.P.(M) No.2084 of 2019, the Coordinate Bench has modified the said order by deleting the said condition substituting by new condition that in case petitioner repeats the offences or indulges in any such behaviour with the victims, then this condition No.(j) shall revive automatically.

(3.) It is plea of petitioner that learned Sessions Judge had imposed condition No.10 on the basis of condition No.(j) imposed by the High Court in Anil Kumar's case and now when the High Court has modified the condition in Anil Kumar's case, petitioner is also entitled for the same treatment.