Allowed

Rakshak Khachi v. State of Hp

Himachal Pradesh HC12 Jul 2021CRMPM/1231/2021

Case brief

AI extract

What is this about?

The Court granted interim bail to a sick under-trial prisoner under Section 439 CrPC due to severe medical ailments. The order specified bail conditions requiring a personal bond, two sureties or fixed deposits, and surrender by October 18, 2021, while allowing liberty to choose between surety bonds and fixed deposits.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 10,000 and two sureties of Rs. 25,000 each, or alternatively a fixed deposit of Rs. 10,000, to surrender on or before October 18, 2021, by 4 p.m.

Rakshak Khachi Vs State of Hp — Bail and Remand | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MP(M) No.1231 of 2021

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Date of Decision: July 12, 2021

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___________________________________________________________________

Rakshak Khachi

...Petitioner.

Versus

State of H.P. ...Respondent.

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Coram:

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

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Whether approved for reporting?¹ NO

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For the petitioner : Mr. Ajay Kochhar, Advocate.

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For the respondent: Mr. Nand Lal Thakur, Additional Advocate General, Mr. Ram Lal Thakur, Assistant Advocate General and Mr. Rajat Chauhan, Law Officer, for the State.

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THROUGH VIDEO CONFERENCE

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FIR No.	Dated	Police Station	Sections
8 of 2016	25.1.2016	Theog, District Shimla, H.P.	302, 392, 201 and 120-B of the IPC

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Anoop Chitkara, Judge (oral)

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An under-trial prisoner, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking interim bail, because he is not keeping good health and requires thorough check-up and treatment.

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2. In Para 6 of the bail application, the petitioner declares having no criminal history.

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

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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.

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4. In Paragraph-4, he specifically submits that he is suffering from multifarious ailments and is under treatment from IGMC Shimla and PGI Chandigarh. To support his medical condition, the petitioner has annexed copies of medical record, Annexure P-1 (colly). In Paragraph-3 of Cr.MP No.1121 of 2021 filed for brining on record the detailed facts qua ailments of the petitioner, it has been stated as follows:-

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“3 (i) Suffering from severe depression.

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(ii) F. II. 2 C. F32.1 is a medical language to describe major depression disorder. (Reference Page 7, 8 & 9 of the paper book).

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(iii) Suffering from kidney disease.

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(iv) Severe pain body aches, vomiting, burning, continue pain the left side of the back. (Reference page 11, 12 & 13 of the paper book).

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(v) Due to critical condition patient has been referred to PGIMER Chandigarh. (Reference Page 14 of the paper book).

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(vi) Diagnosed with PUJO (Pelvic Ureteric Junction Obstruction) it is a restriction to the flow of urine from renal pelvis to the urethra which led to progressive renal deterioration. (Reference Page 15 to 19 of the paper book).

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(vii) Suffering from HYDRONEPHROSIS which is swelling in the kidney to lose function permanently. (Reference Page 26 of the paper book as diagnosed with HDN).

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(viii) Doctors from PGIMER Chandigarh have specially mentioned on 14.08.2019 to get checked up and EC scan of patient after six months but the patient has not been escorted to the hospital for EC Scan. (Reference Page 17 of the paper book).

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(ix) The patient has been asked to take discharge by the will of the police. (Reference Page 29 of the paper book).”

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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 18^th October, 2021.

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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.

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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 theCourt, keeping in mind the Jurisprudence behind the sureties, which is to secure the presence of the accused.

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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 .

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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.

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b) Such a fixed deposit need not necessarily be made from the account

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of the petitioner and need not be a single fixed deposit.

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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. 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.

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

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

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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.

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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).

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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.

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11. The petitioner shall surrender in prison from where he was released, on or before 18^th October, 2021, by 4 p.m.

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12. The petitioner shall hand over all the details of his treatment and prescription slips which he would undergo from the date of his release till the date of his surrender to the Superintendent of Jail.

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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.

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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 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.

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

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Copy Dasti.

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Anoop Chitkara, Judge.

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July 12, 2021 ( ks ).

Rakshak Khachi v. State of Hp

Case brief

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Rakshak Khachi v. State of Hp

Case brief

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