Allowed

Balbir Singh v. State of Hp

Himachal Pradesh HC6 Nov 2023CRMPM/2783/2023

Case brief

AI extract

What is this about?

The High Court granted interim bail to an under-trial prisoner to attend his wife's scheduled gall-bladder surgery, given no other caregiver was available for the wife and two minor children. The bail was permitted on a personal bond with a surety and multiple conditions including surrender before a fixed date.

What did the court decide?

Petitioner enlarged on temporary bail till 20th November 2023 on furnishing personal bond of Rs. 1 lakh with one surety and complying with specified conditions.

Balbir Singh Vs State of Hp — Bail and Remand | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Cr.MP(M) No.2783 of 2023

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Decided on : November 6, 2023

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Balbir Singh …..Petitioner Versus

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State of Himachal Pradesh ….Respondent

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Coram:

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The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? For the Petitioner : Mr. Alok Ranjan, Advocate. For the Respondent : Mr. Rajesh Mandhotra, Additional Advocate General.

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Vivek Singh Thakur, Judge.

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Petitioner, invoking Section 439 of the Code of Criminal Procedure, has approached this Court for grant of interim/temporary bail in case FIR No.147 of 2021, dated 24.5.2021, registered under Sections 147, 148, 149, 341, 323, 307, 302, 120B, 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 25, 29B & 30 of the Arms Act, in Police Station Nalagarh, District Solan, Himachal Pradesh. Petitioner is presently lodged in Central Jail Nahan. 2. The ground for filing the bail application is that Jyoti, wife of petitioner, is suffering from Cholelithiasis and there is inflammation of gall-bladder and, therefore, she has been advised immediate surgery by the Doctor at Community Health Centre (CHC) Nalagarh and the date for surgery has been fixed for 7.11.2023, but it has transpired that for want of

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Cr.MP(M) No.2783 of 2023

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availability of staff surgery may or may not be possible on 7.11.2023 and, therefore, to avoid any untoward incident on account of inflammation, wife of the petitioner approached a private hospital (Akash Hospital and Diagnostics) and there the surgery has been scheduled on 7.11.2023 itself.

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It has been further claimed that there is no other person to look after the wife of the petitioner as well as two minor children aged 2 years and 4 years.

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It has been submitted on behalf of the petitioner that petitioner is an under-trial prisoner and he has no other remedy except filing this application for interim bail because neither parole nor any other kind remedy is available to the petitioner for looking after his wife. Further that guilt of petitioner is yet to be proved on conclusion of trial and till then, he is to be considered innocent and, therefore, it would be appropriate to enlarge him on temporary bail enabling him to look after his wife, in aforesaid given facts and circumstances.

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Status report stands filed. Alongwith the Status Report, statements of wife of the petitioner, concerned Doctors, as well as Certificate issued by the President, Gram Panchayat Lehi have also been placed on record.

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In the Status Report, it has been stated that during verification, Medical Officer has also confirmed that

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Cr.MP(M) No.2783 of 2023

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surgery of the wife of the petitioner is scheduled on 7.11.2023.

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It has been further submitted on behalf of the petitioner that petitioner is ready to abide by any condition for enlarging him on temporary bail and he is also ready to furnish bail bonds to the satisfaction of Trial Court for enlarging him on bail to assure his presence and also his availability by surrendering after expiry of period of interim bail.

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Taking into consideration entire facts and circumstances, petitioner is directed to be enlarged on temporary bail till 20^th November, 2023, on furnishing personal bond in the sum of `1 lakh (Rupees one Lakh) with one surety in the like amount to the satisfaction of Trial Court and also subject to any other condition considered to be proper to be imposed by the Trial Court amongst following conditions:-

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He shall surrender before the Jail Superintendent/Incharge of concerned Jail on or before 20^th November, 2023 at or before 3 PM, wherefrom he shall be released.

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He shall not tamper with evidence in any manner.

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3 He shall not visit any of the place except his native village or any other place where his presence is required in relation to surgery of his wife.

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Cr.MP(M) No.2783 of 2023

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That petitioner shall not misuse his liberty in any manner.

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That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses.

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That the petitioner shall not obstruct the smooth progress of trial.

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That the petitioner shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station.

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It will be open to the prosecution to apply for imposing and/or to the Trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the Trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

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SHO Police Station Nalagarh, District Solan, HP is also directed to verify the fact of surrender by petitioner on 20^th November, 2023 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law.

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In case, the petitioner violates any condition imposed upon him, his interim bail shall be liable to be

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cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

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The Trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG./Misc.Instructions/93-IV.7139 dated 18.03.2013.

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Copy of this order also be transmitted to the concerned Trial Court for information and compliance.

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Jail Authorities are also directed to report the matter on surrender or failure to surrender on 20^th November, 2023 to the trial Court, whereupon, trial Court as well as other concerned officers, in case of failure to surrender, shall take appropriate action against petitioner as well as his surety.

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The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise.

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Petition stands disposed of.

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( Vivek Singh Thakur ) November 6, 2023 (sd) Judge.

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Digitally signed by SUBHASH CHAND DHIMAN DN: C=IN, O=HIGH COURT OF HIMACHAL SUBHASH PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=3418061207364d8c002725dfc58ff11 6f678c3d39289db29b992cce875905119, CHAND PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=5ce240fac0e1267843f295 09683d09a9912af10edc4e6cd2ed5d4a8c30 134c1b, CN=SUBHASH CHAND DHIMAN DHIMAN Reason: I am the author of this document Location: Date: 2023-11-06 14:51:23

Balbir Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Balbir Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

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