TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASI ­ Gian Chand, Investigating officer, Police Station Nirmand, Distt. Kullu, H.P. is present alongwith record. Record perused and returned. Status report taken on record on Cr.MP(M) No. 261 of 2013-D

(2.) F .I.R. No. 19 of 2013 was registered at Police Station, Nirmand, Distt. Kullu, H.P. on 28.3.2013, under Section 395 read with Section 34 of the Indian Penal Code. Apprehending arrest, petitioner approached this Court, seeking bail under the provisions of Section 438 of Whether reports of Local Papers may be allowed to see the judgment? the Code of Criminal Procedure. On 2.4.2013 this Court passed an interim order, directing that in the event of arrest, petitioner shall be enlarged on bail, subject to his complying with the conditions imposed therein. The said interim order is in operation till date.

(3.) I have heard the learned counsel for the parties as also perused the record produced by ASI Gian Chand, Investigating Officer, Police Station Nirmand, Distt. Kullu, H.P. Evidently petitioner has joined investigation alongwith the other co-accused persons. They have visited the police station on two occasions. To me it appears that the petitioner is cooperating in the investigation. No doubt the nature of the offence is serious and if it is ultimately proved that the petitioner along with the other co-accused are involved, then the sentence is severe. But holistically viewing the circumstances, I am of the considered view that the petitioner has made out a case for grant of bail. Petitioner belongs to the family of co-accused Sunil (petitioner in Cr.MP(M) No. 261 of 2013) whose father had lodged F.I.R. against the complainant prior to the occurrence of the incident in question.