RAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition, stands instituted, by the petitioner/bail applicant, under, Section 439 Cr.P.C, for his being ordered to be released from judicial custody, wherein he is extantly lodged, for his allegedly committing offences punishable, under, Sections 420, 406, 468, 471, and, Section 120 (B) of the Indian Penal Code, registered with Police Station CID Bharari, District Shimla, in, case FIR No. 29 of 2015, of, 28.4.2015.

(2.) Previously, the bail-?applicant, had, instituted, a, petition, under, Section 438 Cr.P.C. before this Court, bearing Cr.MP(M) No. 837 of 2015, and, upon the afore petition, this Court granted the facility of pre-?arrest bail, to, the bail-?applicant, upon, his meteing compliance, with, hereinafter extracted condition:-? "That the bail applicant shall on or before 31.10.2015 defray to the bank concerned the entire amount of loan disbursed in his favour. In case the bail applicant omits to do so then the order affording the facility of anticipatory bail to him shall stands vacated forthwith and the bail applicant shall be taken into custody." However, since the afore imperative condition, remained uncomplied with, by, the bail-?applicant, hence the Investigating Officer concerned, had, arrested the bail-? applicant, and, thereafter, he was subjected to judicial custody.

(3.) Subsequently, the extant application under Section 439 Cr.P.C. has become instituted, by, the bail-? applicant, before this Court, but, since it is stated at the Bar, by the learned counsel, for, the bail-?applicant, that, a close relative of the bail-?applicant, is, ready, and, willing to execute, a, mortgage deed, with, the lending bank concerned, and, also when he further assures, that, the value of the mortgaged property, shall, bear commensuration with the loan, borrowed by the bail-? applicant, from, the financial institution concerned, (i) thereupon believing the afore statement, made, at the Bar by the learned counsel, for, the bail-?applicant, this Court, is, constrained, to, order for releasing the bail-?applicant, from judicial custody, however, subject to the condition, that, the relative of the bail-?applicant, shall, within two weeks, execute a registered deed of mortgage, with, the authorized official of the financial institution concerned, and, the afore property shall carry, a, value bearing hence commensuration, with, the borrowing, made, by the bail-? applicant, from, the financial institution concerned, and, shall be also subject, to, the followingconditions:-?