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IN THE HIGH COURT OF HIMACHAL PRADESH
CHANDER BHUSAN BAROWALIA, J.
Goldy Masih — Appellant
Versus
State Of Himachal Pradesh — Respondent
Criminal Miscellaneous Petition (Main) No. 1563 of 2019
Decided on : 16-10-2019
Bail Application - Criminal Procedure - Code of Criminal Procedure, Section 439 - IPC Sections 353, 332, 307, 473, 34 - Arms Act, Sections 25, 27
Fact of the Case:
The petitioner filed a bail application under Section 439 of the Code of Criminal Procedure seeking release in a case involving multiple charges including Sections 353, 332, 307, 473, 34 of the Indian Penal Code and Sections 25 and 27 of the Arms Act. The petitioner claimed innocence and argued against the need for custody, citing the presentation of challan in court and the lack of requirement for his custody by the police.
Finding of the Court:
The court found that the petitioner had been enlarged on bail in a related case and that nothing further was to be recovered from him. Considering the nature of injuries, the petitioner's inability to tamper with evidence or flee from justice, and the time spent in custody, the court exercised judicial discretion in favor of granting bail to the petitioner.
Issues: The issues revolved around the petitioner's alleged involvement in serious offenses, the potential for tampering with evidence or fleeing from justice, and the necessity of custody given the circumstances of the case.
Ratio Decidendi: The court's decision was influenced by the petitioner's previous bail in a related case, the lack of necessity for his custody, and the overall circumstances indicating a fit case for the exercise of judicial discretion in granting bail.
Final Decision: The petition was allowed, and the petitioner was ordered to be released on bail, subject to specific conditions.
JUDGMENT :
Chander Bhusan Barowalia, J.
The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 59 of 2018, dated 14.07.2018, under Sections 353, 332, 307, 473 read with section 34 IPC and Sections 25 and 27 of the Arms Act, registered in Police Station Kot Kehloor, District Bilaspur, H.P.
2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.
3. Police report stands filed. As per the prosecution story, on 14.07.2018 police of Police Chowki Shri Naina Devi were informed telephonically that in Himgiri Hotel, near Rest House Naina Devi, firing incident took place. Acting upon the information, police visited the spot and recorded the statement of Shri Ramandeep Singh (complainant in FIR No. 59 of 2018) under Section 154 Cr.P.C. As per the complainant, he is Dy.S.P. Mohali and on 13.07.2018 three persons after firing gun shots took white verna car, having registration No. UP37H-7272. He has further stated that qua this incident, FIR No. 151 of 2018, dated 14.07.2018, under Sections 395 and 307 IPC and Section 25 of the Arms act had been registered in Police Station Sohana. The mobile phone of the complainant (in FIR No. 151 of 2018) was in the vehicle, so police tracked the mobile location, which came towards Kharad. Shri Ramandeep Singh, Dy.S.P. alongwith other police personnel followed the mobile location and came to Shri Naina Devi and a white car was found parked near the PWD Rest House, which was having registration No. PB-10EJ-7200. The number plate of the vehicle was hanging diagonally and it seemed that the number plate had been changed. As the another team of the police was coming, so the complainant (Shri Ramandeep Singh) alongwith Driver, Shri Lakhbeer Singh, was waiting for them near Himgiri Hotel and it was 02:30/02:45 a.m.. They spotted three persons roaming and they resembled like the complainant (in FIR No. 151 of 2018) disclosed, so he asked them to stop for interrogation. These three persons came out of the vehicle and started firing at them. There was cross-firing and scuffle and ultimately they manage to overpower two persons and one fled away from the spot. The nabbed persons disclosed their names as Goldy Masih (petitioner herein) and Amanpreet Singh and on being searched one pistol was recovered from the petitioner. Third person, namely Sunny Masih, who was injured, was later found and sent to CHC Ghawandal. As per the complainant (Shri Ramandeep Singh), the matter was reported to the police and his statement was recorded by the police under Section 154 Cr.P.C., whereupon police registered a case and the investigation ensued. On 14.07.2018 police photographed the spot and injured Shri Ramandeep Singh and Shri Lakhbeer Singh were medically examined at CHC Ghawandal and the injuries were opined to be simple in nature. Forensic team visited the spot and collected the scientific samples. Police recorded the statements of the witnesses. The petitioner and co-accused Amanpreet Singh were arrested and when vehicle of the accused was searched a mobile phone was recovered, which was of Goldy Masih. As per the police, injured Sunny Masih (co-accused) succumbed to his injuries, so his body was sent for postmortem examination to SLBSGMCH, Nerchowk. The petitioner and co- accused Amanpreet Singh were extensively interrogated and statement of accused Amanpreet Singh was recorded under Section 27 of the Indian Evidence Act. He got recovered two number plates of the vehicle, which were taken into possession. The petitioner also made a disclosure statement under Section 27 of the Indian Evidence Act and got recovered a pistol from the bushe
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