At, Supreme Court of India
By, THE HONOURABLE MR. JUSTICE J. CHELAMESWAR & THE HONOURABLE MR. JUSTICE S. ABDUL NAZEER
For the Appellant: Malkit Singh, Yash Pal Dhingra, Advocates. For the Respondent: D.K. Thakur, AAG, Seema Sharma, V.K. Sharma, Advocates.
2. The appellant is facing trial in a case registered in Police Station Dalhousie, District Chamba under
Please Login To View The Full Judgment!
Sections 326, 147, 148, 149, 504, 506, 307 IPC and Section 25 of the Indian Arms Act, 1959.3. It is evident that the appellant is a student and not a hardened criminal. It appears that the incident had taken place when he was on a pleasure trip to Dalhousie along with the co-accused. The police has already filed final report under Section 173(2) Cr.P.C. It is evident from this report that the incident had sparked off at a spur of the moment. The co-accused has already been enlarged on bail. The appellant is in judicial custody since his arrest on 27.6.2017.4. Having heard learned counsel for the parties, we are of the view that it is just and proper to release the appellant on bail. Therefore, we order the release of the appellant on bail on execution of his personal bond for a sum of Rs. 25,000/- with two sureties in the like sum, to the satisfaction of the trial judge. We permit the trial judge to impose such conditions as he feels necessary for ensuring the appellant's attendance on the dates of posting in the trial court.5. The impugned order of the High Court dated 31.05.2017 passed in Cr.M.P.(M) No. 528 of 2017 is set aside and the appeal is accordingly allowed.