LAWS(HPH)-2018-4-32

KAILASH CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On April 06, 2018
KAILASH CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Sequel to order dated 23.3.2018, whereby bail petitioner was ordered to be enlarged on interim bail in the event of his arrest in case FIR No.27 of 2018, dated 11.3.2018, under Sections 379 and 34 of IPC, registered at Police Station Rampur, District Shimla, Himachal Pradesh, ASI Amar Singh, I/O, police Station, Rampur, has come present in Court alongwith the record. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency.

(2.) Mr. Dinesh Thakur, learned Additional Advocate General, on the instructions of Investigating Officer, who is present in Court, fairly stated that pursuant to order dated 23.3.2018, bail petitioner has already joined the investigation and he is fully co-operating with the investigating agency. Mr. Thakur, further contended that at this stage nothing is required to be recovered from the bail petitioner and as such, his custodial interrogation is not required and he can be ordered to be enlarged on bail subject to the condition that he shall make himself available for investigation and trial as and when called by the investigating agency.

(3.) In view of the aforesaid fair submissions having been made by Mr. Thakur, learned Additional Advocate General, this Court sees no reason for custodial interrogation of the bail petitioner and as such, he deserves to be enlarged on bail.