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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
P.S.Rana, J.
Pawan Kumar - Applicant
Versus
State of Himachal Pradesh - Non-applicant
CR.MP(M) NO. 727 OF 2014
Decided On: July 28, 2014
Bail Application - Criminal Procedure - Code of Criminal Procedure 1973, Section 439 - Indian Penal Code, Sections 420, 465, 467, 468, 471 - Summary: The court considered the nature and seriousness of the offenses, the character of the evidence, the accused's criminal record, and the possibility of witness tampering. It held that the applicant's medical conditions and absence from court proceedings did not warrant bail. The court also cited a previous ruling to support its decision.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Code of Criminal Procedure 1973 in connection with a case registered under Sections 420, 465, 467, 468, and 471 of the Indian Penal Code. The applicant claimed innocence and cited health issues as grounds for bail. The non-applicant opposed the application, citing the applicant's criminal record and absconding from court proceedings.
Finding of the Court:
The court found that the applicant's innocence and health issues could not be determined at the bail stage. It also noted the applicant's extensive criminal record and absence from court proceedings, leading to the rejection of the bail application.
Issues: The issues involved determining the eligibility of the bail application under Section 439 of the Code of Criminal Procedure 1973 and deciding whether to grant bail to the applicant.
Ratio Decidendi: The court's decision was based on the nature and seriousness of the offenses, the character of the evidence, the accused's criminal record, and the possibility of witness tampering. It also considered the applicant's absence from court proceedings and cited a previous ruling to support its decision.
Final Decision: The bail application filed under Section 439 of the Code of Criminal Procedure 1973 was rejected, and the court's observations in the bail order were stated not to affect the merits of the criminal case.
P.S.Rana, J.
Present petition filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 111 of 2007 dated 17.9.2007 registered under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code at Police Station Bharari District Bilaspur HP.
2. It is pleaded that applicant is innocent and he did not commit any offence as alleged by prosecution. It is pleaded that applicant is not keeping good health and suffering from Asthma and spinal cord problem. It is further pleaded that applicant is also heart and diabetes patient. It is further pleaded that applicant will not tamper with prosecution witness in any manner and any direction imposed by Court will be binding upon applicant. Prayer for acceptance of bail application sought.
3. Per contra reply filed on behalf of non-applicant pleaded therein that there is no medical record in order to prove that applicant is suffering from Asthma and diabetes. It is further pleaded that applicant is habitual offender. It is further pleaded that sixteen FIRs of cheating and forgery have been registered against the applicant in various police stations. It is further pleaded that applicant is facing trial in sixteen cases of cheating and forgery in different Courts across the State. It is further pleaded that in some cases charge-sheet against the applicant was filed in the year 2007 but applicant remained absconded from criminal Courts till January 2014. It is further pleaded that keeping in view the act and conduct of the applicant and gravity of offences committed by him bail application has been rightly rejected by learned Additional Sessions Judge Ghumarwin District Bilaspur HP. Prayer for dismissal of bail application sought.
4. Following points arise for determination in the present application:
(1) Whether bail application filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of application.
(2) Final Order.
5. Court heard learned Advocate appearing on behalf of applicant and learned Assistant Advocate General appearing on behalf of State and also perused record carefully.
Finding upon Point No.1.
6. Submission of learned Advocate appearing on behalf of the applicant that applicant is innocent and he has been falsely implicated in the present case cannot be decided at this stage till the criminal case is not disposed of finally by learned trial Court after giving due opportunity of hearing to both the parties to lead evidence in support of their case.
7. Another submission of learned Advocate appearing on behalf of applicant that applicant is not keeping good health and he is suffering from Asthma and spinal cord problem and he is heart and diabetes patient and on this ground bail application be allowed is rejected being devoid of any force for the reason hereinafter mentioned. It is well settled law that at the time of granting bail following factors are considered such as (i) Nature and seriousness of offence (ii) The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) The larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration. Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. In the present case it is prima facie proved on record that sixteen FIRs have been registered against applicant as of today which are quoted as under:
Sr.No. Case FIR No. Dated Section Police Station
1. 30/1992 8.5.1992 420 IPC Bharari Distt. Bilaspur
2. 197/2005 21.11.2005 419, 420, 468 & 120 B IPC Jawala Mukhi Distt. Kangra
3. 110/2007 17.9.2007 420, 465, 467, 471 & 120B IPC Bharari Distt. Bilaspur
4. 111/2007 19.9.2007 420, 465, 467, 468 & 120B IPC Bharari Distt. Bilaspur
5. 135/2007 19.9.2007 420, 467, 468, 471 & 120 B IPC Talai Di
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