LAWS(HPH)-2012-11-94

MUKESH THAKUR Vs. STATE OF HIMACHAL PRADESH

Decided On November 26, 2012
Mukesh Thakur Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on temporary bail in FIR No. 154 of 2011 dated 28.7.2011 registered at Police Station West, Shimla, under Sections 302, 201, 34 IPC pending trial in the court of learned Sessions Judge (Forests), Shimla. It has been stated that the marriage of Ms. Indu Bala, sister of the petitioner is going to be solemnized on 9th & 10th December, 2012. The submission has been made for releasing the petitioner on bail from 5.12.2012 to 15.12.2012. The affidavit of Inder Singh, father of the petitioner and Ms. Indu Bala has been filed today in the Court by learned counsel for the petitioner in which Inder Singh has stated that marriage of his daughter Ms. Indu Bala is going to be solemnized on 9th & 10th December, 2012.

(2.) IT has been stated that the petitioner is in custody since 28.7.2011. The petitioner earlier was never released on temporary bail. It has been stated that petitioner will surrender to the Court immediately after temporary bail. The learned Additional Advocate General has stated that the investigating agency has also verified that the marriage of the sister of the petitioner is fixed on 9th & 10th December, 2012. The learned counsel for the petitioner has stated that during the period the petitioner remained in custody his conduct was good. It has been stated by learned Additional Advocate General that the trial of the petitioner is fixed on 17.12.2012 onwards in the Court of learned Sessions Judge (Forests) Shimla. In view of marriage of the sister of petitioner, he is ordered to be released on temporary bail in FIR No. 154 of 2011 dated 28.7.2011 registered at Police Station West, Shimla, under Sections 302, 201, 34 IPC, w.e.f. 5.12.2012 to 15.12.2012 on his furnishing personal bond in the sum of Rs. 50,000/ - with one surety of the like amount to the satisfaction of learned Chief Judicial Magistrate, Shimla on the conditions that the petitioner on furnishing personal bonds shall be ordered to be released by the Chief Judicial Magistrate, Shimla on temporary bail. The petitioner on temporary bail shall not terrorize any prosecution witness nor he shall tamper prosecution evidence in any manner. He shall maintain absolute peaceful and lawful conduct during temporary bail. The petitioner shall surrender to the Incharge, Police Station, Boileauganj on 16.12.2012 at 10.00 a.m. (being Sunday) along with a copy of this order. The concerned Police Officer shall produce or cause to produce the petitioner to the concerned Magistrate immediately, who shall order further custody of the petitioner in accordance with law. The learned Magistrate in the order shall further order the jail authorities to produce petitioner before learned Sessions Judge (Forests), Shimla, on 17.12.2012, date fixed in the trial. A copy of this order be sent to learned Sessions Judge (Forests), Shimla, so as to reach before 17.12.2012. The bail petition is disposed of on above terms.