Allowed

Diwan Chand v. State of Hp

Himachal Pradesh HC1 Jul 2021CRMPM/1204/2021

Case brief

AI extract

What is this about?

High Court granted interim bail to a murder under-trial accused pending NDPS trial, citing wife's serious illness requiring his care, while specifying conditions including surrender by a specified date and options for personal bond or fixed deposit.

What did the court decide?

Interim bail granted up to 30.7.2021 subject to furnishing personal bond or fixed deposit as security and surrender by specified date.

Diwan Chand Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2021)

¶1

¶2

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶3

Cr.MP(M) No. 1204 of 2021 Date of Decision: 1.7.2021

¶4

Diwan Chand ...Petitioner.

¶5

Versus

¶6

State of H.P. ...Respondent.

¶7

Coram:

¶8

The Hon’ble Mr. Justice Anoop Chitkara, Judge.

¶9

Whether approved for reporting?¹ No

¶10

For the petitioner: Mr. Manoj Pathak, Advocate.

¶11

For the respondent: Mr. Nand Lal Thakur, Addl. Advocate General with Mr. Ram Lal Thakur, Assistant Advocate General.

¶12

THROUGH VIDEO CONFERENCE

¶13

FIR No.	Dated	Police Station	Sections
108/2020	12.10.2020	Kumarsain, District Shimla	20 and 29 of NDPS Act.

¶14

Anoop Chitkara, Judge (Oral)

¶15

An under-trial prisoner, facing trial for committing murder, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking interim bail, because the wife of the petitioner is suffering from fissure disease and there is nobody except the petitioner to look after her.

¶16

2. In Para 8 of the bail application, the petitioner declares having no criminal history.

¶17

3. Mr. Nand Lal Thakur, learned Additional Advocate General submits that in case this Court grants interim bail to the petitioner then the Court must specify the date on which the petitioner would surrender.

¶18

4. That the ground for granting interim bail are mentioned in para 6 of the bail petition, which is extracted as follows:

¶19

1 Whether reporters of Local Papers may be allowed to see the judgment?

¶20

¶21

“That the wife of the petitioner is suffering fissure disease and her condition is not good. The doctors of hospital Khaneri Rampur advised her for further treatment from PGI and IGMC. There is no one in his house who took her to PGI and IGMC, so the company of the petitioner is desperately required by his wife for further treatment. (The prescription slip of Government Hospital, Khaneri, Rampur Bushahr is annexed herewith)

¶22

5. Given the facts and circumstances mentioned above, and without commenting on the case's merits, the petitioner makes a case for release on bail up to 30.7.2021. 6. In Manish Lal Shrivastava v State of Himachal Pradesh , CrMPM No. 1734 of 2020, after analysing judicial precedents, this Court observed that any Court granting bail with sureties should give a choice to the accused to either furnish surety bonds or give a fixed deposit, with a further option to switch over to another.

¶23

7. The petitioner shall be released on bail in the FIR mentioned above, subject to his furnishing a personal bond of Rs. Ten thousand (INR 10,000/-) , and shall furnish two sureties of Rs. Twenty-five thousand (INR 25,000/-) each , to the satisfaction of the Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any Ilaqa Magistrate. Before accepting the sureties, the concerned Magistrate must satisfy that in case the accused fails to appear in Court, then such sureties are capable to produce the accused before the Court, keeping in mind the Jurisprudence behind the sureties, which is to secure the presence of the accused.

¶24

8. In the alternative, the petitioner may furnish a personal bond of Rs. Ten thousand (INR 10,000/-), and fixed deposit(s) for Rs. Ten thousand only (INR 10,000/-), made in favour of Chief Judicial Magistrate of the concerned district .

¶25

a) Such Fixed deposits may be made from any of the banks where the stake of the State is more than 50%, or any of the stable private banks, e.g., HDFC Bank, ICICI Bank, Kotak Mahindra Bank, etc., with the clause of automatic renewal of principal, and liberty of the interest reverting to the linked account.

¶26

b) Such a fixed deposit need not necessarily be made from the account of the petitioner and need not be a single fixed deposit.

¶27

c) If such a fixed deposit is made in physical form, i.e., on paper, then the original receipt shall be handed over to the concerned Court.

¶28

¶29

d) If made online, then its printout, attested by any Advocate, and if possible, countersigned by the accused, shall be filed, and the depositor shall get the online liquidation disabled.

¶30

e) The petitioner or his Advocate shall inform at the earliest to the concerned branch of the bank, that it has been tendered as surety. Such information be sent either by e-mail or by post/courier, about the fixed deposit, whether made on paper or in any other mode, along with its number as well as FIR number.

¶31

f) After that, the petitioner shall hand over such proof along with endorsement to the concerned Court.

¶32

g) It shall be total discretion of the petitioner to choose between surety bonds and fixed deposits.

¶33

h) Subject to the proceedings under S. 446 CrPC, if any, the entire amount of fixed deposit along with interest credited, if any, shall be endorsed/returned to the depositor(s). Such Court shall have a lien over the deposits.

¶34

9. The attesting officer shall, on the reverse page of personal bonds, mention the permanent address of the petitioner along with the phone number(s), WhatsApp number (if any), e-mail (if any), and details of personal bank account(s) (if available).

¶35

10. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence.

¶36

11. This Court is imposing this condition to rule out any attempt by the accused to incapacitate, influence, or to cause any discomfort to the victim. Reference be made to Vikram Singh v Central Bureau of Investigation, 2018 All SCR (Crl.) 458); and Aparna Bhatt v. State of Madhya Pradesh, 2021 SCC Online SC 230.

¶37

12. The petitioner shall surrender in prison from where he was released, on or

¶38

before 30.7.2021, by 4 p.m.

¶39

13. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order, in vernacular and if not feasible, in Hindi.

¶40

14. There would be no need for a certified copy of this order for furnishing bonds. Any Advocate for the petitioner can download this order along with the case status

¶41

¶42

from the official web page of this Court and attest it to be a true copy. In case the attesting officer or the Court wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

¶43

In the facts and circumstances peculiar to this case, the petition is allowed in the terms mentioned above.

¶44

Copy Dasti.

¶45

Anoop Chitkara, Judge

¶46

1^st July, 2021 ( Guleria )

Diwan Chand v. State of Hp

Case brief

What is this about?

What did the court decide?

Diwan Chand v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rakesh @ Mukesh Vs State of Hp

Gagandeep Singh Alias Gagi Lahoria Vs State of Hp

Gaurav Mangla Vs State of Hp

Charanjeet Vs State of Hp

Raman Khachi Vs State of Hp

Hitesh Vijay Vs State of Hp