DEVENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been instituted by the petitioner/bail applicant under Section 439 Cr.P.C, for his being ordered, to, be released from judicial custody, wherein he stands extantly lodged, for his allegedly committing offences punishable, under, Section 306 of IPC, in case FIR No.34 of 2018 of 11.6.2018, registered with Police Station Darlaghat, H.P.

(2.) The Investigating Officer, ASI Dev Krishan, is present in Court. Since the bail applicant stands initially subjected to police custody, on 17.6.2018, and, thereafter to judicial custody and, importantly up to now, with the apt report under Section 173 of Cr.P.C standing not been filed, before the learned Committal Court concerned, given the FSL not purveying its apt report, upon, the viscera of the deceased. Consequently, the learned counsel for the petitioner, submits, that with a period of 60 days hence elapsing since 17.6.2018, whereat, the bail applicant was initially taken into police custody, and, with, thereupon, hence the instant offence, rather standing constituted under the provisions, of Section 306 of IPC, and, with the maximum term of imprisonment, imposable, upon, the accused being extendable up to 10 years besides also fine being imposable upon the accused (i) thereupon when the proviso of clause 2 of Sub Section 2 of section 167 Cr.P.C, proviso whereof stands extracted hereinafter, rather is attractable hereat, and, thereupon with a mandate, being embodied therein qua, upon, failure of the investigating officer, to complete the apt investigations, and, to submit the apposite report drawn under Section 173 Cr.P.C, before the learned Committal Magistrate concerned, his being enjoined to be released on bail. In aftermath with the statutory ingredients borne therein, rather being, for the reasons aforestated, hence satiated hereat, thereupon, this Court hence is constrained, to, afford, the, facility of bail to the bail applicant.

(3.) Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following conditions::