IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. M. P (M). No. 225 of 2009 Date of decision: 9 4 2009 Sanjay Kumar …..Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . For the petitioner: Mr. Rakesh Jaswal, Advocate. For respondents : Mr. J.S. Guleria, Assistant Advocate, General. Surinder Singh, J. (Oral) The petitioner was unsuccessful to get his bail from the Court of Sessions, in FIR No. 2 of 2009 dated 1.1.2009 registered under Sections 306, 498-A read with Section 34 of the Indian Penal Code, in police Station Baijnath, as such the present application under Section 439 of the Code of Criminal Procedure has been moved. Heard and gone through the report. The deceased is the wife of the petitioner who is alleged to have committed suicide by burning herself on 31.12.2008 at 7 p.m. At that time, the petitioner was present in the house and he also tried to extinguish the fire with the result, he also sustained serious burn 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - injuries on his hands and other parts of the body and remained hospitalized for about one month. The investigation is almost complete but for the receipt of forensic examination result. The petitioner is a local resident of village Sagur Tehsil Baijnath, District Kangra, H.P. Keeping in view, the above facts and circumstances brought on record, in my opinion, the petitioner can safely be enlarged on bail on the suitable conditions. Thus it is ordered that petitioner be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Kangra at Dharamshala and this bail shall be subject to the following conditions:- (i) That the petitioner shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade them from disclosing such facts to the court or the Police officer. (ii) The petitioner shall not tamper with the prosecution evidence in any manner and shall present in the court as and when required; (iii)The petitioner shall not misuse his liberty of bail in any manner. In case, any of the above conditions are infracted by the petitioner, liberty of bail shall be cancelled. - 3 - Any observation made hereinabove, shall not effect the merits of the case in any manner. An authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Kangra at Dharamshala, forthwith for information and necessary action at his end. The matter stands disposed of. April 9, 2009 (Surinder Singh),J. (cm)