Allowed

Suman Sharma v. State of Hp

Himachal Pradesh HC5 Apr 2023CRMPM/744/2023

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh allowed a bail petition seeking regular bail for the petitioner accused under the SC/ST (PoA) Act, converting ad-interim bail to absolute bail subject to cooperation with investigation and other standard conditions.

What did the court decide?

Ad-interim bail made absolute subject to seven conditions including cooperation with investigation, non-tampering with evidence, and attendance at trial.

Suman Sharma Vs State of Hp — Pension and Retirement Benefits | 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.744 of 2023 Decided on: 5^th April, 2023

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_________________________________________________________________ Pt. Suman Sharma ...Petitioner Versus State of H.P. …Respondent ________________________________________________________________ Coram_

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Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

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1 Whether approved for reporting?

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_________________________________________________________________ For the petitioner: Mr. B.S.Chauhan, Senior Advocate with Mr. H.K.S. Thakur, Advocate. For the respondent: Mr. Sumit Sharma, Deputy Advocate General. ASI Pankaj Sharma, IO Police Station Kotkhai, present with record.

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Jyotsna Rewal Dua, Judge

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The petitioner seeks regular bail in FIR No. 18 of 2023 dated 10.03.2023, registered under Sections 3(1)(s), 3(1)(za)(c) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), at police Station Kotkhai, District Shimla, H.P. Ad-interim protection was granted to the petitioner on 24.03.2023.

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

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2. Respondent has filed the status report and has

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also produced the record. As per the status report, the petitioner during investigation has denied using derogatory words against the complainant. As per the status report, the petitioner was not even aware that the complainant belongs to scheduled caste. The status report also records that pursuant to the ad-interim protection granted to the petitioner, he has joined the investigation and is cooperating with the investigating agency.

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3. Learned Additional Advocate General, on the basis of instructions imparted to him, fairly submitted that since the petitioner had joined the investigation, therefore, his custodial interrogation is not required. He, however, submitted that the petitioner be directed to continue to join the investigation and cooperate with the investigating agency as when directed to do so.

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4. In view of the nature of the allegations levelled in the complaint, investigation carried out by the respondent, pleadings in the status report and the record produced by the respondent coupled with the statement that the custodial interrogation of the petitioner is not required by the

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investigating agency, I am of the considered view that case has been made out for confirmation of the interim protection. Accordingly, the present petition is allowed. The interim bail granted to the petitioner vide order dated 24.03.2023 is made absolute subject to following conditions: -

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(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

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(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

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(iii). The petitioner will not leave India without prior permission of the Court.

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(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

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(v) The petitioner shall not contact, threaten or intimidate the victim/complainant and their family members in any manner whatsoever.

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(vi). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

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(vii). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

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In case of violation of any of the terms &

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conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

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With the aforesaid observations, the present petition stands disposed of, so also the pending

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miscellaneous application(s), if any.

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Jyotsna Rewal Dua Judge

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April 5, 2023 R.Atal

Suman Sharma v. State of Hp

Case brief

What is this about?

What did the court decide?

Suman Sharma v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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