IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.M.P. (M) Nos.825 & 826 of 2008. Date of Decision: 27-8-2008. _______________________________________________________________ 1. Cr.M.P.(M) No.825 of 2008. Sachin Thakur Petitioner. Versus State of Himachal Pradesh. Respondent. For the petitioner : Mr. N.K. Thakur Advocate. For the respondent : Mr. J.S. Guleria, Law Officer ------------------------------------------------------------------------------------------------ 2. Cr.M.P.(M) No.826 of 2008. Avinash Thakur and another Petitioners. Versus State of Himachal Pradesh. Respondent. Coram Hon’ble Mr.Justice S.S.Thakur ,J. Whether approved for reporting1? No. For the petitioners : Mr. Rakesh Jaswal, Advocate. For the respondent : Mr. J.S. Guleria, Law Officer. ___________________________________________________________ Surinder Singh, J, (oral) The present applications have been moved by the petitioners herein for their pre-arrest bail, apprehending arrest in F.I.R. No. 129 of 2008 registered in Police Station, Amb, District Una on 15.8.2008 under Sections 147, 149, 307, 382, 341, 324, 323, 506 of the Indian Penal Code. Whether the reporters of local newspapers are allowed to see the Judgment? Yes. Facts, in brief, are it was an election time in the Colleges and it is alleged that the complainant Sunil Sharma was canvassing for his party during the elections. On 14-8-2008 around 12.30 P.M, the complainant along with his friends had gone to address election meetings. The petitioners Goldi etc. came to the complainant and threatened him with dire consequences. After the meeting, the complainant went to bus stand Amb to drop Tek Chand, he along with his friends went to Gagret in vehicle No. HP 01U-0178. On their return around 6.00 P.M, their vehicle was stopped by a motor cyclist and a pillion rider near the Petrol Pump and the vehicle of the complainant was gheraod by the petitioners and other accused persons. The complainant was dragged out from his vehicle and some body hit him with some weapon on his head and also caused various injuries on his person. The accused persons allegedly took out rupees 6000/- from his pocket and decamped with it. The police arrested accused Kamal on 15.8.2008, Jang Bahadur on 16.8.2008. They have been enlarged on bail. The complainant has been medically examined. He remained hospitalized for one day. The Doctor opined the injury on the head as grievous and dangerous to life. Pursuant to the last orders, interim bail was granted and they were directed to join the investigation of this case which they did. The recovery of the weapon of offence and cash, have been affected from the accused persons. Shri J.S. Guleria, learned Law Officer has objected the bail on the ground that the petitioners may tamper with the prosecution witnesses. Heard. I have perused the investigation file. The recoveries have been affected. Thus keeping in view the circumstances aforesaid, petitioners can be safely enlarged on bail by imposing appropriate conditions so that the investigation of the case is not hampered at all. Accordingly, interim bail granted on 19.8.2008 is hereby confirmed. The petitioners have not been arrested as yet. As such in the event of their arrest, it is ordered that they be enlarged on bail on their entering bail bonds in the sum of rupees 5000/- with one surety in the like amount to the satisfaction of the Arresting Officer on the same terms and conditions as imposed vide order dated 19.8.2008. Needless to say that if the petitioner (s) shall commit any breach of the conditions mentioned therein, or misuse their liberty of bail in any manner, their bail shall be cancelled. The petitions are accordingly disposed of. (Surinder Singh) Judge. August 27, 2008. (bm)