(1.) Petitioner, invoking Sec. 439 of the Code of Criminal Procedure, has approached this Court for grant of interim/temporary bail in case FIR No.147 of 2021, dtd. 24/5/2021, registered under Ss. 147, 148, 149, 341, 323, 307, 302, 120B, 201 of the Indian Penal Code (hereinafter referred to as 'IPC') and Ss. 25, 29B and 30 of the Arms Act, in Police Station Nalagarh, District Solan, Himachal Pradesh.
(2.) Present application has been filed, seeking interim bail, on three grounds, that after death of Paternal Uncle (Taya) of the petitioner, joint property of the family is to be partitioned in Khangi Takseem; that petitioner is sole bread earner of the family comprising of his mother and 18 years old sister; and that petitioner's mother is undergoing treatment and is mostly bedridden and his sister is not capable to get her mother properly treated as she does not understand the matter properly.
(3.) Vide order dtd. 1/12/2023, it was observed by this Court that so far as ground of ailment of mother of petitioner was concerned, that had no merit because the claim of the petitioner was refuted by the respondent-State by placing on record a fresh certificate issued by the Doctor of Medical Institute Anandraj Malik Hospital and Paramedical Institute, from where, according to petitioner, his mother was receiving treatment, and the ground of the petitioner being sole bread earner was also not found to be plausible ground for granting him bail for gravity of offence alleged to have been committed by him, and, for the third ground, i.e. partition of the joint property in Khangi Takseem, after death of Paternal Uncle, the matter was adjourned, enabling learned counsel for the petitioner to have complete instructions and to place on record relevant documents, if any, to substantiate the claim of the petitioner.