DALIP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The challenge herein in this criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short Cr.P.C ), is against the final order dated 26.9.2011, passed by the learned Sessions Judge, Sirmaur District at Nahan, in Bail Application No. 149 BA/22 of 2011, under Section 438 Cr.P.C, in a case arising out of FIR No. 223 of 2011, dated 16.7.2011, registered against the petitioner herein, who shall hereinafter be referred to as the accused , at Police Station Paonta Sahib, District Sirmaur, under Sections 498A, 406 and 506 of the Indian Penal Code (in short IPC ), at the instance of his estranged wife Smt. Amita Sharma (complainant). The case against the petitioner has been registered by the said police pursuant to orders passed by the learned Judicial Magistrate 1 st Class, Paonta Sahib, District Sirmaur (H.P), under Section 156(3) Cr.P.C.

(2.) By an order dated 19.7.2011, the learned Sessions Judge, had admitted the accused to interim pre-arrest bail. The order reads as under:-

(3.) However, while passing final order dated 26.9.2011, granting pre-arrest bail to the accused, the learned Sessions Judge has imposed a condition in the nature of a direction to the accused to return the aforesaid golden ornaments to the complainant or in the alternative to pay cash equivalent to the value thereof to her. For the sake of convenience, the order is re-produced below in extenso:-